Divorces His Wife Three Times Unintentionally

12-5-2022 | IslamWeb

Question:

If the husband said talaq 3 times in a year but it was not intentionally can he still ruju ?

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

If a man divorces his wife three times, it counts as an irrevocable divorce of a major degree. This means that it is impermissible for them to remarry until she marries another husband.

Allah, The Exalted, Says (what means): {And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to people who know.} [Quran 2:230]

What you mentioned that he did not intend to issue a divorce is irrelevant unless what you mean is that he wanted to say another word but accidentally pronounced divorce by mistake. It seems that this was not the intended meaning here.

It is noteworthy to point out that some scholars are of the view that whoever divorces his wife once and then pronounces a second divorce without revoking the first one, this second divorce does not take effect. This was the chosen opinion by Shaykhul-Islam Ibn Taymiyyah . According to his scholarly view, the second divorce does not take effect unless it is issued after revoking the first one.

We would like to advise you to consult local scholars in your community directly or refer your case to the Sharee‘ah court.

Allah knows best.