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Fatwa CenterShe is afraid that her husband might take his first wife back
Question
Es salaamu aleikum. I had a question to ask because I myself am not sure and upon researching I have come across many different anserws. I am here asking if a woman is divorced one time, while she is pregnant, is she completly divorces feom her husband if he does not take her back? The reason for this question is I am currently remarried to a man who himself had just gotten divorced from his wife and she was pregnant with their 6th child. He was new in America so I'm not sure if he is doing so this type of divorce because he just needs his papers or what. See, he said he td her talet (divorced) just the one time and seperated with her. Hr knew she was pregnant. Upon coming to America he gave his brother wakala(power of attorney) and had gotten the divorce papers sent from his country after the baby was born. My father says he can take her back on a new contract easily wich we are afraid of, and that people do these divorces all the time. I just wanted to see if this means he is really divorced from her and can he take her back on a new contract, or just by sleeping with her again and it being verbal. I'm scared that it all may be a scam for my last marriage was very horrible and abusive and I don't think me nor my children can handle this mentally. Thank you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If a husband divorced his pregnant wife once and he did not take her back until the expiry of her waiting period, then she becomes irrevocably divorced (with minor separation); this means that he cannot take her back except with a new contract, a new dowry and the consent of the guardian.
It should be noted that the waiting period of a pregnant woman expires by her giving birth child. Also, if a husband initiates divorce, divorce takes place even if this is with the purpose of getting the citizenship and the like. That is because divorce takes place once a husband initiates it either intentionally or jokingly. The Prophet said: “There are three things which if they are done seriously they are valid and if they are done in jest they are also valid: marriage, divorce and taking back a wife (to marital bond) after divorce.” [Abu Daawood, At-Tirmithi and Ibn Maajah] For more benefit, please refer to Fatwa 82541.
In order to know the things that are considered as taking a wife back when she is still in her waiting period from a revocable divorce, please refer to Fatwa 89845.
Finally, we advise you to be patient with your husband even if his first wife is with him, as being patient with him may be better for you than separation especially if you have children with him.
Allaah Knows best.
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