Does the ’Idda End Immediately If Three Divorces Are Given?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
If a husband issues a final divorce during the ‘idda, does the marriage end immediately, or must the wife complete the ‘idda before leaving? Additionally, if they reconcile but later decide to divorce again after the ‘idda ends, is a new ‘idda required, and can the wife apply for khul‘a during ‘idda to expedite the process, observing ‘idda at her mother’s home instead of the marital home?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
Yes, the marriage will end, but she must complete her waiting period (‘idda) before leaving. They cannot reconcile after a final, third divorce. The waiting period must be spent in her marital home.
If you meant by final divorce, a third divorce, then you cannot remain together unless she remarries someone else and consummates the marriage; if it happens, this marriage with the second husband breaks down, and she has separated again, spends her waiting period (‘idda), and you may remarry again if you mutually agree with a renewed commitment.
[Ibn ‘Abidin, Radd al-Muhtar]
In such a case, the divorces allowed will return to zero under a new marriage contract.
Given the considerations in such cases, we urge you to consult reliable local scholars about the specifics of the situation and the way forward.
I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
