How to deal with a couple who live together after three divorces
Fatwa No: 90786

Question

One man wrote one letter to his wife saying that we can't continue and am giving three Talaaq. After few months he is back to her and they are continuing their relation, what should be my stand on this, as I go to their house and eat at their house, shall I have to stop the relation with them? Very few people know about this, do I need to tell everyone about this? Please help me, I read your Fataawa and they were up to the mark.

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. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

You should know that writing the word divorce is not considered a divorce according to the majority of the scholars unless one intends it when writing it. So, if this man wrote the word divorce while intending to divorce his wife then divorce takes place. The majority of the scholars are of the view that uttering three divorces at once is considered as three divorces. However, Ibn Taymiyyah and Ibn Al-Qayyim, and the scholars who are of their opinion are of the view that it is considered as one divorce only. Therefore, according to the view of the majority of the scholars it is an irrevocable divorce and the husband cannot marry her unless she marries another man who really consummates the marriage with her, and then divorces her. When her waiting period comes to an end, it would then be permissible for the first husband to remarry her. For more details, please refer to Fataawa 89798 and 87485.

You should not inform anyone about them and should conceal their faults, as homes are secrets. The Prophet said: "Whoever conceals the sins of a Muslim, Allaah will conceal his sins on the Day of Judgement." [Al-Bukhari and Muslim] So you should not cut the relationship with this man; it might be that he did not intend divorce when he wrote the letter, or that he opted for the opinion of the scholars who are of the view that three divorces at once are considered as one divorce, or that a given scholar has given him such a Fatwa.

Allaah Knows best.

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