Divorced His Wife Repeatedly and Wants to Take Her Back
30-3-2023 | IslamWeb
Question:
I got married After sometime my wife left me,to warn her I divorced her,later after sometime we have rajoo/intercourse,but still my wife didn't returned my home, he was living at her parent house,i send her 2nd divorce,and we again met and have intercourse and she got pregnant,but still she was at her parent house ,once i was angry i gave her divorce, my question is are these divorce acceptable or still my wife We want to live together
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, is His slave and Messenger.
We advise you to consult with a scholar orally and explain to him these divorces you issued to your wife and how you took her back. What we can tell you, in general, is the following:
Firstly: The scholars agreed that whoever divorces his wife and then took her back, then divorced her, then took her back, then divorced her, then in this case the wife has become irrevocably divorced from him until she marries another husband [a serious marriage and he consummates the marriage with her and then divorces her]. 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 he [i.e., the latter husband] divorces her [or dies], there is no blame upon them [i.e., 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 [i.e., understand].} [Quran 2:230]
Secondly: Taking back the wife can take place by action, just as it takes place orally; according to the view of many scholars. So, if a man had sexual intercourse with his wife, it is considered as taking her back, while conditioning the intention of taking her back according to the view of some of them, and not conditioning it according to the view of some others.
Thirdly: Anger does not prevent divorce from taking place unless it reaches a state where the speaker is unaware of what he is saying. Likewise, the fact that the wife is in her family’s house does not prevent divorce from taking place.
Fourthly: A woman leaving her husband’s house without his permission is dissoluteness, which should be dealt with according to the steps stipulated by the Sharia. One should not hasten to issue divorce, for it is the last resort, considering the interest of both parties.
Fifthly: The couple’s desire to live together requires understanding, not hastening (in taking inappropriate decisions), and wisdom. Each of them should strive to fulfill the rights of the other.
Allah knows best.