Question:
Assalamu ‘alaykum
On the 6th of this Islamic month, I divorced my wife, then after a few days I took her back, on the 10th I think, then again on the 11th I divorced her. Is she still my wife?
I asked another shaykh, and, upon hearing that I pronounced divorce once he told me to withdraw the divorce. I had already done this because I took her back, and my wife says that the second divorce I pronounced was invalid.
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
Refraining From Sinful Divorces
Yes, she is divorced. The second divorce is valid, and you have taken her back does not affect the validity of the second divorce.
Unfortunately, however, you have committed a sin by divorcing her twice in the same ‘tuhr’ (the time between two menstrual cycles). Divorcing a lady during her menstrual cycle, or more than once in a tuhr is sinful. It is considered to be an innovative divorce, which is an enormity (Maydani, al Lubab).
You should repent and refrain from doing so again in the future. Serious matters such as divorce – should the need arise – should only be issued with active consultation with a scholar. There are variables that one may not be aware of.
Allah has commanded us to consult scholars on matters we don’t have knowledge on: “Ask those of the remembrance if you do not know” (Qur’an, 16:43).
May Allah grant us well-being in all matters.
Given the considerations in such cases, please consult reliable local scholars about the specifics of the situation. Jazakum Allah khayr.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani