Irrevocably Divorced After Three Divorces
Fatwa No: 386815

  • Fatwa Date:21-11-2018 - Rabee' Al-Awwal 13, 1440
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Question

my husband wrote 3 time this affirmation, i divorced you , i divorced you , i divorced you on divorce affidavit and later he wrote that i can marry with anyone after 3 months. is it considered as complete talaq?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Writing (the word of) divorce is one of the metaphors of divorce, so it depends on the intention of the husband; if he had intended to initiate divorce, then divorce is effective, otherwise no.

We have already clarified this in Fatwa 89894, so please refer to it.

If by repeating the word divorce the husband intended to emphasize the first divorce, then it is only one divorce that takes place. However, if he had intended to initiate a new divorce, then it is three divorces that had taken place, according to the view of the majority of the scholars, and this is the view we adopt here in Islamweb.

However, Shaykh Ibn Taymiyyah  may  Allaah  have  mercy  upon  him had chosen the opinion that it is only one divorce that takes place.

Therefore, according to the view of the majority of the scholars, you have become irrevocably divorced from your husband, so you are not lawful to him again unless you marry another husband a serious marriage, and he consummates the marriage with you and then he divorces you or dies.

Allah Says (what means): {And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.} [Quran 2:230]

His saying that you can marry any man after three months has no effect, because when the waiting period of a divorced woman finishes, she has the right to remarry.

It should be noted that the waiting period varies from one woman to another. A woman who has menses, her waiting period is three menstruations and not three months. The one that observes her waiting period as three months is the young girl who does not have menses yet, or the woman whose menses has stopped, i.e. who has reached menopause.

It should also be noted that it is important to maintain the marital bond and not misuse it and resort to divorce for futile reasons. It is more appropriate to strive to solve the problems in married life by understanding and dialogue, and according to the teachings of the Sharee'ah in case or rebellion of either of the two spouses.

For more benefit in this regard, please refer to Fataawa 97217 and 85402.

Also, for more benefit on three divorces, please refer to Fataawa 381389, 147535, 264724, 288100 and 333700.

Allah knows best.

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