Search In Fatwa

Divorced thrice and wants to return to her ex-husband without marrying another one

Question

Asalam o Alaikum wa rahmat ullah. Dear Brother, I had a second wife and a son from her, we had serious differences and finally i divorced her three times at once 8 years back. Now, we want return to the wedlock but we are totally confused, as to some and most of the scholars, we can only marry again after she marries some other man and have intercourse with him, then if he divorces her only then i can re marry her? But she is not willing to do so and wants to marry me directly and as per some scholars this is valid that i can re marry her with a new nikah and mehr since the proper way of divorce is to give one divorce after every one month during the idah period, a person who utters as many times that i divorce you, is counted only one time, which means that my divorce is revocable as i said "i divorce you" three times but at the same time,,,,, please urgently explain in the light of hadith. May Allah shower his mercy and blessings on you.

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.

We have already issued Fataawa 82330 and 82541 clarifying that uttering divorce three times in one session is an irrevocable divorce according to the view of the majority of the scholars may  Allaah  have  mercy  upon  them including the Imaams of the four Schools of jurisprudence, and that the divorcee cannot remarry her husband unless she sincerely marries another man without him having the intention of making her lawful to her first husband. This is the view we adopt here in Islamweb and we consider it to be the preponderant opinion.

We issued Fatwa 92476 clarifying the ruling on a husband who says to his wife ''I divorce you'', so please refer to it.

Finally, we think that in such cases it is more appropriate to resort to an Islamic court so that it will study the case in all its aspects.

Allaah Knows best.

Related Fatwa