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

Summary of answer

Divorce over the phone is a valid divorce and counts as such, provided that the husband has uttered the word of divorce.

Answer

Contents Related

  • Is Divorce over the Phone Valid?
  • Is Triple Divorce Counted as One?

Praise be to Allah.

Is Divorce over the Phone Valid?

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

Is Triple Divorce Counted as One?

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 As-Sa`di and Shaykh Ibn `Uthaymin (may Allah have mercy on them both).

They quoted as evidence the report narrated by Muslim (1472) from Ibn `Abbas (may Allah be pleased with him) who said: At the time of the Messenger of Allah (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-Khattab (may Allah be pleased with him) 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.

According to this opinion, it is permissible for your husband to take you back during the `Iddah, if this was a first or second divorce.

And Allah knows best.

Source: Islam Q&amp;A

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Divorce by phone
