The Third Divorce (Final Divorce)

QUESTION

A man divorced his wife and immediately took her back. He did this again some months later, and then a third time some months after that. Does this count as the third divorce (the final divorce)?

ANSWER by Shaykh Muhammad 'Umar Baazmool, instructor at Umm Al-Quraa University in Makkah

If a man divorced his wife the first time and then took her back immediately, and then some months later divorced her a second time and then took her back immediately, and then divorced her a third time some months later, then verily this is the final divorce, she is divorced from him permanently . And he is not allowed to take her back unless she marries another man. So if the other man divorces her, and her first husband wants to marry her, then he may marry her with a new contract and a new dowry.

And this ruling is specifically for the one who has actually divorced his wife three times soundly, however:

[a] The validity of a divorce pronounced upon a woman during her menses is disputed over;

[b] The validity of a divorce pronounced upon a woman during a month that the couple has had intercourse in is disputed over;

[c] The validity of a divorce pronounced upon a woman during overwhelming anger is disputed over.

So if the divorce is valid according to the Sunnah, and there is no reason why it is not to be counted (from the aforementioned reasons), then the ruling is as I have stated (it counts as the third divorce). Otherwise, there would be differences of opinion in the issue, and it would have to be investigated.

SOURCE

This was translated exclusively for www.bakkah.net from a correspondence provided by the shaykh, file no. AAMB101, dated 1424/7/19.

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