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Fatwa CenterHer husband wants to take her back after divorcing her several times
Question
Salam, I was married to my x husband for years nd separated 2 years ago we d hope we sought things out..he has give 2 talaags on seperate occasion nd...d first One I jus our second child nd went and for hand again nd he did all necessary things...well he got married in December 2011 last year and they expecting to have a child..about 2weeks ago he rang me and said he want to married me back..but am aware he has only given me 2 talaags...but on some other occasions we we are both mad talaags has been said ova several time...what am I suppose to do now?shudder I take him back for or not...we have to boys together...and he is married to another woman but wants to make me his wife again...am I still married to him or not?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The question is not clear. In any case, if your husband has divorced you less than three divorces and your waiting period has not yet expired, then you are still his wife. Hence, he can take you back before the expiry of your waiting period, which is three menses if you are still having menses, or by giving birth if you are pregnant, or after three months if you have passed the age of menstruation.
On the other hand, if your waiting period has expired before he takes you back, then he may take you back with a new contract with your consent and in the presence of your guardian or whoever can act as his deputy, along with the presence of two witnesses.
However, if your husband has divorced you three divorces, then you are irrevocably divorced from him with major separation and you are forbidden to him unless you marry another man who consummates with you a marriage that involves desire and is not intended to make you lawful for your first husband, and then he divorces you or dies. Then, when your waiting period expires, he (your first husband) can marry you again; for more benefit, please refer to Fatwa 82541.
Moreover, you should know that divorce is in the hands of the husband and that what is taken into account in divorce is his (the husband’s) statement. Besides, you should know that anger does not prevent divorce from taking place unless the husband reaches a state whereby he loses consciousness and he is no longer aware of what he says. For more benefit, please refer to Fataawa 92334 and 121374.
Hence, the husband should be asked about the matter in order to know how many divorces have taken place. Therefore, we advise you to consult trustworthy scholars at an Islamic Center in the country where you live so they can give you a Fatwa based on your circumstances.
Allaah Knows best.
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