Download
0 / 0
3589220/05/2010

He divorced her three times over the phone

Question: 147987

My husband divorced me a month ago over the phone and he said it three times. Is it permissible to go back to him?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Divorce (talaaq) over the
phone is a valid divorce and counts as such. So long as the husband
uttered the word of divorce (talaaq), divorce has taken place. 

There is a difference of
opinion among the scholars with regard to the threefold divorce; the
majority are of the view that it counts as three divorces. 

A number of scholars are of
the view that the threefold divorce counts as one divorce. This is the view
favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and
it was regarded as more correct by Shaykh al-Sa‘di and Shaykh Ibn ‘Uthaymeen
(may Allah have mercy on them both). 

They quoted as evidence the
report narrated by Muslim (1472) from Ibn ‘Abbaas (may Allah be pleased with
him) who said: At the time of the Messenger of Allaah (blessings and peace
of Allah be upon him), Abu Bakr and the first two years of ‘Umar’s
caliphate, a threefold divorce was counted as one. Then ‘Umar ibn
al-Khattaab said: People have become hasty in a matter in which they should
take their time. I am thinking of holding them to it. So he made it binding
upon them. 

See also the answer to
question no. 36580

According to this opinion,
it is permissible for your husband to take you back during the ‘iddah, if
this was a first or second talaaq. 

And Allah knows best.

Source

Islam Q&A

Was this answer helpful?

at email

Our newsletter

To join our newsletter please add your email below

phone

IslamQA App

For a quick access to our content and offline browsing

download iosdownload android