Divorced His Wife Thrice and Had Intercourse After Every Divorce

11-11-2019 | IslamWeb

Question:

If husband gave divorce to his wife and have intercourse with her after few days but many times.
and he did this 3 times in 2 months.
need to know; Divorce has happened or not, as he divorced and did intercourse and repeat this in three times.
as well as I need to know; giving divorce and than having intercourse to accept wife back will count divorce as 1 time for life or forbidden forever as ZERO

Answer:

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

It seems that you mean that he divorced his wife and then had sexual intercourse with her, then he divorced her again and had sexual intercourse with her, and then he divorced again (a third time) and had sexual intercourse. If this is what had happened, then his wife is irrevocably divorced from him and she is forbidden for him. She does not become lawful for him again unless she marries another man, a serious marriage. The new husband must consummate the marriage with her, and then divorce her or die; and only then they can remarry. It should be noted that the second man who marries her should not do so only for the purpose of making her lawful for her first husband.

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.} [Quran 2:230]

If a husband has sexual intercourse with his wife after the first or second divorce with the intention of taking her back, then this is a valid way to take her back. However, having sexual intercourse with her after the third divorce is an evil matter and he must repent from it.

Finally, one should avoid divorce as it is not the only solution for marital problems. One usually regrets divorce after it had happened.

For more benefit on irrevocable divorce, please refer to Fataawa 384739, 381389, 128967 and 116098.

Allah Knows best.

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