Home » Hanafi Fiqh » Darulifta-Deoband.com » Can I marry my ex-wife without causing 3 divorces?

Can I marry my ex-wife without causing 3 divorces?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Assalamualaikum!!! 6-7 months ago in a big fight with my wife, I gave her one irrevocable divorce and she left me for her moms home and has not yet returned my home. And she doesn’t know about this irrevocable divorce. Two weeks ago on my mother insist I said thinking my wife ?If I do Nikah with Zulekha, then three divorces to her? Zulekha is my ex-wife name. 1. Can you please tell me if I marry my ex-wife Zulekha in future will 3 divorces automatically take place? IF YES 2. How about if I tell my ex-wife brother that I have divorced your sister with one irrevocable divorce (Talaaq-e-Bain) in past and then he on his own wish marries me with her sister without my consent or permission. Will in this case also three divorce automatically take place or not? 3. How about if I tell my elder brother that I have said ?If I do Nikah with Zulekha, then three divorces to her? as you know I said IF I DO, therefore if my brother marries me with my ex-wife without my permission or without informing me, WILL it still cause three divorces to automatically take place if my elder brother marries me with her without my consent. How is my marriage possible with my ex-wife. Can you tell me how I can get out of this predicament. Thanks and Jazakallah for your help.


(Fatwa: 528/L=188/tl=1431)

In the question mentioned above, if you marry your ex-wife, the three talaqs will take place automatically. However if your brother performs your nikah with her without your permission and when the news of nikah reaches you, you should not accept it orally, otherwise all three talaq would take place. On hearing the news, you should keep silent, give written permission or send some part of mahr to your wife, thus your nikah would be valid. Before sending written permission or mahr, if someone congratulates you on your nikah, then if you are silent it would be counted verbal permission i.e. talaq would take place. In such complex situation, you can respond those who congratulate you that I am still considering it.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Read answers with similar topics: