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Few months later, my cousin brother had an argument with his wife and pronounced the words ” I divorce you ” two times. But they reunited before completing his wife’s waiting period.

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Few months later, my cousin brother had an argument with his wife and pronounced the words ” I divorce you ” two times. But they reunited before completing his wife’s waiting period. Now again few days back he had an argument with his wife which resulted in her departure to her parents home. He called her by telephone to ask her to come back. However, on the phone they argued again and, in a sate of extreme anger, he pronounced the words ” I divorce you ” many times.
Now Regretting what had happened, my cousin consulted several scholars and he came out with two different rulings. The first, says that as he divorced his wife more than twice, he cannot be reunited with her without an intervening marriage of his divorcee to another man. The other ruling, says that first two pronouncements count as one divorce, and another pronouncements counts as second divorce, the divorcee can be reunited in marriage. Their families are at a loss and do not know what to do in the face of these two conflicting rulings.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

When the husband issued divorce twice in clear words (“I divorce you”), then two talaqur raj’i took place, and the husband chose to reunite with his wife before the expiry of her iddat. Subsequently, the husband issued the third divorce over the phone and the wife is now completely forbidden for him. 

When a man issues three divorces to his wife, she becomes completely forbidden to him, and it is not permissible for the spouses to live as husband and wife. [Hidayah; Heavenly Ornaments]

If, however, a woman who has been issued three divorces wishes to live with her first husband and remarry him, she must go through the process of halaalah.  Halalah is that she must marry another man, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her iddah. Upon completion of iddah, she can remarry her first husband.

And Allah knows best

Wassalam

Mufti Ebrahim Desai (F2)
Darul Iftaa, Madrassah In’aamiyyah

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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