A woman was given one divorce by her husband some years ago. Then, after some time, he had divorce papers prepared again, but did not give them to the wife; a reconciliation had taken place. Now he has divorced his wife again, and this time he has given three divorces together. How many divorces has the woman received, and can the husband take her back?
Overall ruling: In total, two divorces have taken place so far, and the husband has the full Shariah right of taking her back (raj'ah). 1. The first divorce: The divorce given some years ago has taken place — one of the three rights has been used, two remain.
Overall ruling: In total, two divorces have taken place so far, and the husband has the full Shariah right of taking her back (raj'ah).
1. The first divorce: The divorce given some years ago has taken place — one of the three rights has been used, two remain.
2. The papers divorce: He only had the documents prepared; he neither uttered the word verbally, nor sent/delivered the papers to the wife, and reconciliation took place — this is "kitabah ghayr mustabinah" (a writing that was not carried into effect); divorce does not take place by mere paperwork unless divorce is uttered verbally or a written divorce deed reaches the wife.
3. Three divorces at once: Giving three divorces in one sitting is a grave sin and contrary to the Sunnah, but according to the authentic hadiths it counts as only one divorce: (a) Ibn 'Abbas, may Allah be pleased with them both: «كَانَ الطَّلَاقُ عَلَى عَهْدِ رَسُولِ اللَّهِ ﷺ وَأَبِي بَكْرٍ وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ الطَّلَاقُ الثَّلَاثُ وَاحِدَةٌ» (Sahih Muslim: 1472). (b) The hadith of Rukanah, may Allah be pleased with him: On three divorces given in one sitting, he ﷺ said: «إِنَّمَا تِلْكَ وَاحِدَةٌ فَارْتَجِعْهَا إِنْ شِئْتَ» (Musnad Ahmad: 2387 — chain sahih).
Decision and taking back: Count = 1 + 0 + 1 = 2 divorces. Taking back: (1) If it is within the 'iddah (three menstrual periods have not passed; if she is pregnant, before the delivery), verbal taking back + two just witnesses are sufficient, without a new marriage and mahr. (2) If the 'iddah has passed, a proper new marriage will be necessary, with a new mahr fixed, with the consent of the woman and the guardian (wali).
Warning: After taking her back, only the right of one last divorce will remain — any one further divorce in the future will be the third (mughallazah), after which there will remain no room for taking back/reconciliation.
Translated from the original Urdu fatwa.