He divorced his wife, then had phone sex with her during her 'Iddah
Fatwa No: 266422

Question

Dear scholars,assalamou3alaykoum,my wife and me lived far from each other and we used to have sexual conversations over the phone.The point of phone sex is to help the partner in achieving orgasm through masturbation.People call that sinful act "phone sex". May Allah soubhanouwata3ala forgive us...Then i decided to divorce my wife and i did it.I told her about my intention then I sent her an explicit email which say clearly that I divorced her. But after that talaq during the 'idda i committed this sinful act again with my wife.So because of this sexual intercourse over the phone during the 'idda,by doing that did i take back my wife?cuz i was just weak id committed this act but my intention wasn't to go back with her.I know it's shameful and I ask Allah azawajal to forgive us. This woman is christian does believe that Jesus is a prophet but does not want to turn to islam.She still has this "western" point of view on Islam even if she respect my religion.I decided to divorce her cuz I was afraid of the future with a non muslim woman and having child with her even if she is beautiful and has such a good character.The point is am I still married with her by doing the sinful act I mentioned during 'idda?I am confused...“So ask the people of the Reminder if you do not know” [al-Anbiya’ 21:43]Jazak Allahou kheyr.

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.

First of all, may Allaah reward you for being keen on asking about matters which you do not know, pursuant to the saying of Allaah (which means): {And We sent not before you except men to whom We revealed [Our message]. So ask the people of the message if you do not know.} [Quran 16:43]

This is how a Muslim should be; so may Allaah increase your zeal in acquiring knowledge.

As regards your question, the phone conversation between a husband and his wife about sexual enjoyment and intercourse is not forbidden, but it should not be done as others may listen to that conversation since these means of communication are mostly not secured. Also, if ejaculation occurs as a result of such conversation, then there is no harm in it unless it is done by self-masturbation with the hand, in which case it is forbidden. For more benefit, please refer to Fatwa 81689.

The revocation of the divorce does not occur by talking about sexual enjoyment on the phone. For information about the matters by which revocation occurs, please refer to Fatwa 89845.

On the other hand, marrying a woman from the People of the Book is permissible in principle, but since it involves some risks, especially regarding children, then the scholars are of the view that it is disliked to marry them. Therefore, you made the right decision by divorcing her. We advise you to look for a righteous Muslim woman to marry, one who will help you in your worldly and religious matters, and may Allaah bless you with children from her who become the apple of your eye.

For more benefit, please refer to Fatwas 84724 and 88451.

Allaah Knows best.

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