Fatwa Explorer

Fatwa #242973 February 2013United States of America

Divorce

Question

My brother texted his wife that ( I divorce you). He wrote it 3 times. Does this count as a divorce? They both regret it and want to get back together. What is the ruling of 3 divorces in islam?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If your brother  texted his wife three times I divorce you then that constitutes talaq-e-mugallazah (a permanently irrevocable divorce). They are no more husband and wife.

If they wish to be married again, the wife will have to follow the halalah procedure. That is she marries another person after her iddat passed. The new husband must consummate the marriage. If he divorces her, she may remarry her former husband after the expiry of her iddat.

The iddat is three menses if she is not conceived. If she is conceived the iddat is till she gives birth.

And Allah Ta’āla Knows Best

Mufti Ebrahim Desai

daruliftaa.net 

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