Husband wanting to reconcile after sending divorce notices to his wife
Question
My maid has a situation. Her husband hit her and forced her out of the house two years ago. Then, two months ago, he sent her two divorce notices at the same and one notice saying that she is of bad character and he wants custody of the children. Now, five days ago he sent a third divorce notice.
He signed the first two notices but didn't sign the third one. He said he did it because he wanted her to feel threatened and come back herself.
After sending all three notices with the last one sent five days ago, now he wants to get back together.
Is their Nikah still valid, or are they completely divorced now?
Answer
After her husband sent her the two divorce notices, two talaaqs had taken place and her iddat had commenced. If she is not pregnant, then her iddat will be three haidh (menstrual cycles). If her husband sent her the third talaaq notice while she is still in iddat (and he did not revoke the talaaq during the iddat), then all three talaaqs have taken place and the nikaah has terminated. It will not be possible for her to go back to him as she is haraam for him.
However, if her iddat had terminated, and then he sent her the last talaaq notice, then the third talaaq did not take place. However, since her iddat period had ended, if they wish to get back together, a new nikaah will have to be performed with a separate mahr.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
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