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Fatwa Answer
Assalamu Alaikum Mufi Saab,I just spoke to you about my divorce question.Last Thursday my husband said, "Thalaak" to me and hung up the phone. He came to me and I forgave him and we did sleep together.Then this past Tuesday we had argument because he didn't come home for two days and he said, "Mahe tumahe thalaak dahe tha hoo" and walked out. He did attempt to sleep with me, but I said 'no.'A few days later he said "Thalaak" again, but I was not namazee. There were no witnesses and he is saying that there are no witnesses. He is saying that no divorce took place and that he wants to come home. He does not know that I have my period and that is why I said 'no' to sleeping with him before.Please call me as soon as you can because my family needs a decision. We have a 22-month-old son that I am worried about.Jazakallah Khair.
الجواب وبالله التوفيق
Since your husband has issued a divorce then took you back, then issued another divorce by saying “I divorce you”, and the third time he again said “Talaq” to you, this will constitute to three divorces. With three divorces you are considered Haram for your husband. It is not permissible for you to live together without performing a Shar‘ai Halalah.
فَاِنۡ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنۡۢ بَعۡدُ حَتّٰى تَنۡكِحَ زَوۡجًا غَيۡرَهٗ ؕ (البقرۃ 230
Although it is prohibited to issue a divorce when the woman is in the condition of Haidh(menstrual period), it will still constitute to a divorce if issued during that time. It should also be noted that the menstrual cycle during which the divorce is issued will not be considered as part of Iddah. The period of Iddha will be considered as three consecutive menstrual cycles after completion of the current period. Also, the presence of any witnesses is not necessary for the divorce to take place.
(واذ طلق الرجل فی حالتہ الحیض وقع الطلاق (ھدایہ کتاب الطلاق