الإفتاء

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Rulings on one who keeps his wife after three talaqs (imamate, funeral prayer, social dealings, etc.)

Question

(1) Zayd, being in full possession of his senses, gave three talaqs in front of the notables of the town, under compulsion and duress. Can he keep this divorced woman again or not? Can he marry [her again]? If he can, then on what conditions? (2) If the said Zayd renews the nikah after three talaqs and argues that according to Imam al-Shafi‘i ﵀ this is permissible and that is why he did it, is this claim of his acceptable? (a)

Answer

(1) An irrevocable divorce (talaq mughallaza) has taken effect; now nikah with her is haram: [ar]حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ[/ar] “…until she marries a husband other than him…” (Surah al-Baqara, 2:230). (2) If someone gives three talaqs in one utterance, for example saying «أنتِ طالقٌ ثلاثًا» (“you are divorced thrice”)

Source: Fatawa Mahmudiyya

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