Is My Divorce Valid?

Question:
Assalamu ‘alaykum

On the 6th of this Islamic month, I divorced my wife, then after a few days I took her back, on the 10th I think, then again on the 11th I divorced her. Is she still my wife?

I asked another shaykh, and, upon hearing that I pronounced divorce once he told me to withdraw the divorce. I had already done this because I took her back, and my wife says that the second divorce I pronounced was invalid.

Answer:

Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

Refraining From Sinful Divorces

Yes, she is divorced. The second divorce is valid, and you have taken her back does not affect the validity of the second divorce.

Unfortunately, however, you have committed a sin by divorcing her twice in the same ‘tuhr’ (the time between two menstrual cycles). Divorcing a lady during her menstrual cycle, or more than once in a tuhr is sinful. It is considered to be an innovative divorce, which is an enormity (Maydani, al Lubab).

You should repent and refrain from doing so again in the future. Serious matters such as divorce – should the need arise – should only be issued with active consultation with a scholar. There are variables that one may not be aware of.

Allah has commanded us to consult scholars on matters we don’t have knowledge on: “Ask those of the remembrance if you do not know” (Qur’an, 16:43).

May Allah grant us well-being in all matters.

Given the considerations in such cases, please consult reliable local scholars about the specifics of the situation. Jazakum Allah khayr.

[Shaykh] Abdul-Rahim

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.