Ruling on Reconciliation and Witness Requirement After the Third Divorce
❖ Question:
A man has previously issued two separate divorces to his wife, and now he has pronounced a third divorce. There were no witnesses present at the time of any of the divorces. Some scholars have shown leniency in such matters. Is reconciliation still possible?
❖ Answer by: Shaykh Saeed Mujtaba Saeedi ḥafiẓahullāh and Shaykh Abdul Wakeel Nasir ḥafiẓahullāh
◈ Having witnesses at the time of divorce is recommended (mustaḥabb), but not an obligation (farḍ or wājib).
◈ If a divorce is issued, it becomes effective even without witnesses.
◈ The view that divorce does not occur without witnesses is not widely accepted and contrary to the opinion of the majority of scholars.
◈ The husband previously issued two separate divorces, and now he has pronounced a third, as indicated in the question.
◈ In this situation, the third divorce has taken effect, and it is considered irrevocable (ṭalāq mughallaẓah).
◈ After the third divorce, reconciliation is not permissible unless a valid ḥalālah takes place—
that is, the woman marries another man, and after consummation, if that marriage ends in divorce and the ‘iddah is completed, then she may remarry her first husband.
◈ However, ḥalālah must occur naturally and lawfully. Any prearranged or fabricated ḥalālah is strictly prohibited in Islam.
◈ The correct method of issuing a divorce in Islam is that it should be done during a state of ṭuhr (purity).
◈ However, if the divorce was given outside of ṭuhr, it will still be considered valid.
✔ Both husband and wife should submit sworn statements describing all the incidents and the exact wording of the divorces, so the matter can be thoroughly examined.
✔ Refer to local scholars or a recognized Dār al-Iftāʾ for comprehensive review and accurate guidance.
✔ It is essential to abide by the principles of Sharīʿah, and not seek loopholes outside its framework.
✔ The third divorce has occurred and reconciliation is not possible.
✔ Witnesses are not a necessary condition, and their absence does not invalidate the divorce.
✔ Consultation with qualified local scholars is necessary for clarity, but no flexibility should be sought beyond Sharīʿah limits.
❖ Question:
A man has previously issued two separate divorces to his wife, and now he has pronounced a third divorce. There were no witnesses present at the time of any of the divorces. Some scholars have shown leniency in such matters. Is reconciliation still possible?
❖ Answer by: Shaykh Saeed Mujtaba Saeedi ḥafiẓahullāh and Shaykh Abdul Wakeel Nasir ḥafiẓahullāh
① Witness Requirement in Divorce
◈ Having witnesses at the time of divorce is recommended (mustaḥabb), but not an obligation (farḍ or wājib).
◈ If a divorce is issued, it becomes effective even without witnesses.
◈ The view that divorce does not occur without witnesses is not widely accepted and contrary to the opinion of the majority of scholars.
② Current Scenario
◈ The husband previously issued two separate divorces, and now he has pronounced a third, as indicated in the question.
◈ In this situation, the third divorce has taken effect, and it is considered irrevocable (ṭalāq mughallaẓah).
③ Ruling on Reconciliation
◈ After the third divorce, reconciliation is not permissible unless a valid ḥalālah takes place—
that is, the woman marries another man, and after consummation, if that marriage ends in divorce and the ‘iddah is completed, then she may remarry her first husband.
◈ However, ḥalālah must occur naturally and lawfully. Any prearranged or fabricated ḥalālah is strictly prohibited in Islam.
④ State of Purity at the Time of Divorce
◈ The correct method of issuing a divorce in Islam is that it should be done during a state of ṭuhr (purity).
◈ However, if the divorce was given outside of ṭuhr, it will still be considered valid.
❖ Important Measures to Take
✔ Both husband and wife should submit sworn statements describing all the incidents and the exact wording of the divorces, so the matter can be thoroughly examined.
✔ Refer to local scholars or a recognized Dār al-Iftāʾ for comprehensive review and accurate guidance.
✔ It is essential to abide by the principles of Sharīʿah, and not seek loopholes outside its framework.
❖ Summary:
✔ The third divorce has occurred and reconciliation is not possible.
✔ Witnesses are not a necessary condition, and their absence does not invalidate the divorce.
✔ Consultation with qualified local scholars is necessary for clarity, but no flexibility should be sought beyond Sharīʿah limits.
