Fatwa No : 84843
Admitting the Divorce, five years after divorcing

Admitting the Divorce, five years after divorcing

What do the honorable Muftis say about this issue: My husband divorced me five years ago, but I did not know about it. Now he is saying that the divorce had already taken place. So please tell me: during these five years he lived with me in an unlawful manner — what is the Islamic ruling on this?
.Note: The first time he said: "“If you meet your parents, then you are divorced.”" And I had met them.
The second time he himself issued a divorce. The husband is now saying that he had given me a second divorce, but I was unaware of it.
The third time he said: "“If there is another fight between us, then divorce will take effect.”" And then we did have a fight.
Note: The questioner clarified during verification that all three divorces were given five years ago, and that reconciliation (rujū‘) had also taken place.

الجوابُ حامِدا ًو مُصلیِّا ً

“After the first and second divorces, the husband of the inquirer had verbally or practically taken her back. Therefore, after the first two divorces, the third divorce also took effect and an irrevocable (major) prohibition (ḥurmat-e-mughalẓah) was established. As a result, it became unlawful and forbidden for both of them to continue living together as husband and wife. Hence, it is obligatory for both to sincerely repent and seek forgiveness for this sin, and to separate from each other immediately.
If the woman now wishes to marry someone else, she may do so after completing her waiting period (‘iddah), which will begin from the time the husband acknowledged the third divorce.”

مأخَذُ الفَتوی

ففى المحيط البرهاني في الفقه النعماني: وكذلك من طلق امرأته ثلاثاً ثم أقام معها زماناً، إن أقام منكراً طلاقها لا تنقضي عدتها، كذا حكي جواب المشايخ وجوباً لهما. وإن أقام مقرّاً بطلاقها انقضت عدتها. (إلی قوله) ومع العلم بالحرمة تستأنف العدة (3/ 464)۔
وفى الفتاوى الهندية: إذا أقر الرجل أنه طلق امرأته منذ كذا صدقته المرأة في الإسناد أو كذبته أو قالت لا أدري فالعدة من وقت الإقرار ولا يصدق في الإسناد هو المختار (1/ 532) والله اعلم بالصواب