He initiated the third divorce by SMS under the pressure of his family
Fatwa No: 245644

  • Fatwa Date:31-3-2014 - Jumaadaa Al-Oula 30, 1435
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Question

Asalam waalikum.my qestion is that what is the ruling on a husband who divorce his wife and get back her again.and also he pronounced his 2nd talaq after some days of living together.all this happend within one month.he clearly knows that his action was contrary to sunnah divorce but at that momont he have no option otherthan doing that.lastly he get back her for the 2nd time but after some days he was too much influnced by his family inorder to divorce her and without his willing he told her with a text massage that she was divorced.all of the 3talqe was done within a period of 3 month. my request is ,is there a possiblity to get back her again?

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If this husband pronounced divorce against his wife on two previous occasions, and on the third occasion, he wrote that his wife is divorced with the intention of divorcing her, then his wife is irrevocably divorced and he cannot take her back until she marries another man in a serious marriage and then that man consummates the marriage with her and then he divorces her or dies.

Writing the words of divorce is effectively a metaphor of divorce and divorce is effected if initiated in the form of a metaphor if that was done with the intention of divorce as clarified in Fatwa 87034. Also, refer to Fataawa 82541 and 82583 about the kinds of divorce.

If the family pressured the husband to divorce, then the divorce is still effective unless the pressure reaches the level of coercive compulsion, and the husband's family has no right to request that he divorces his wife if there are no problems in their marriage and the wife is righteous.

For the definition of coercive compulsion, please refer to Fatwa 90215.

Allaah Knows best.

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