Islam Question and Answer - He divorced her and took her back three times during pregnancy

He divorced her and took her back three times during pregnancy

I am a young woman; my husband divorced me when I was one month pregnant, then he took me back one month after the divorce. Then we had some marital problems and he divorced me again, when I was six months pregnant. Then he took me back after that, then he divorced me when I was eight months pregnant. What is the ruling on divorce in this case?.

 

Praise be to Allaah.

Divorce (talaaq) during pregnancy is a valid divorce and
counts as such. If a man divorces his wife when she is pregnant, then her
‘iddah lasts until she gives birth, and he may take her back during her
pregnancy. If he divorces her a second time during the pregnancy, the
divorce counts as such. If he takes her back then divorces her again
during the pregnancy, this also counts as such and she becomes irrevocably
divorced from him, so she is not permissible for him until she has been
married to another husband. 

What is commonly thought by some people is that divorce of a
pregnant woman does not count as such, but there is no basis for that. 

Ibn ‘Abbaas (may Allah be pleased with him) said: If a man
divorces his wife once or twice when she is pregnant, then he has more right
to take her back so long as she has not given birth. This is what Allah says
(interpretation of the meaning): “and it is not lawful for them to
conceal what Allaah has created in their wombs, if they believe in Allaah
and the Last Day” [al-Baqarah 2:228]. This was narrated by Ibn Jareer
al-Tabari in his Tafseer, 2/448, and by al-Bayhaqi, 7/367 

Shaykh Ibn Baaz (may Allah have mercy on him) was asked: Is
it permissible to divorce a pregnant wife or not? 

He replied: There is nothing wrong with divorcing a pregnant
wife. The Prophet (blessings and peace of Allah be upon him) said to
‘Abd-Allah ibn ‘Umar, when he divorced his wife when she was menstruating:
“Take her back and keep her until she becomes pure, then menstruates, then
becomes pure, then menstruates, then divorce her if you wish when she is
pure before you are intimate with her or she is pregnant.” End quote from
Fataawa Islamiyyah. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
What is strange is that some of the common folk think that divorce during
pregnancy does not count as such, but I do not know where they get this
idea. Divorce during pregnancy does count as such; even if a man were to
have intercourse with her when she was pregnant and divorce her before doing
ghusl from janaabah, the divorce would count as such. So divorce of a
pregnant woman is one of the most certain kinds of divorce. End quote from
al-Liqa’ al-Shahri, 3/495 

And Allah knows best.

 

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