The World Federation One Stop Fiqh

Ruling 2545

If a man divorces his wife twice and returns to her, or he divorces her twice and after each divorce he concludes a marriage contract with her, or he returns to her after one divorce and concludes a marriage contract with her after the other divorce, then, after the third divorce, the woman becomes unlawful for him. However, if she marries another man after the third divorce, she becomes lawful for the first husband – meaning that he can marry her again – on fulfilment of five conditions:

  1. the marriage to the second husband is a permanent one. If it is a temporary marriage, then after her second husband separates from her, the first husband cannot marry her;
  2. the second husband has had sexual intercourse with her. And the obligatory precaution is that it must be vaginal intercourse, not anal;
  3. the second husband divorces her or dies;
  4. the ʿiddah of divorce or the ʿiddah of a widow concerning the second husband comes to an end;
  5. based on obligatory precaution, the second husband is bāligh when they have sexual intercourse.