Reconciling after three talaaqs
Question
Five years ago, me and my husband were having problems in our marriage, so I asked for a third talaaq and he sent it to me via a text message. He said that he didn't do it from his heart. We are both still single and we haven't been married to anyone else, we both still love eachother. I want to know the ruling in this matter, what is the proceedure or was our divorce invalid?
Answer
The divorce is valid and you are haraam for him and so is he to you. The procedure to get back is referred to as halaalah. It is where the woman, after iddat of the first nikaah will have to marry another person, consummate the marriage with him, and when he dies or divorces her, she must complete her iddat. Upon completing her iddat, she can remarry her first husband.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/29818
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“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”
Mufti Online · 211 fatawa from 7 Darul Iftas on this
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“If the halaalah was pre arranged between the first husband and the person who did the halaalah (second husband), then this is not permissible and is a major sin. The hadith has explained that both people are cursed by Allah…”
Mufti Online · 84 fatawa from 5 Darul Iftas on this
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