Thursday, November 23, 2017 - 5 Rabi' al-Awwal 1439
Home » Fatwas » Society & Family » Divorce

I had a dispute with my wife and I sent her a letter in which I wrote the word “divorce” three times. Was my divorce of her valid?

I got married 8 months ago, I had several quarrels with my wife, and she was always refusing my advices, 4 months ago she left my home. Now she is in her father’s home for 4 months, and she is also pregnant.
In one session I said to her brother, “I do not want to live with her “ and repeated, also in a telephonic conversation, as I was very depressed I said to my wife repeatedly “I do not want you”. Finally, as I was under pressure by my family, and my family were always saying that I have to give her divorce, by, 3 weeks ago, I went to a center who do the law activities, he wrote a divorce letter and 3 “divorce” were mentioned in that letter, but I did not say the word “divorce” verbally, then we sent the letter to my wife’s family, who are currently living in another city. Now please guide me, can I take my wife back and get together with new marriage contract, please let me know did the three divorces occur?
p.s. divorcing her was in my mind when I wrote her that letter.

Answer

Honorable brother,
According to the opinion implemented by Dar al-Ifta al-Missiriyya (Egypt's Fatwa House), it is impermissible for a man to retract the number of divorces he has uttered in the following cases:
- Admitting giving his wife a triple divorce on three different occasions,
- Officially registering the divorce by the ma'zun [marriage notary] or the concerned authority.
The reason why a man cannot take back his wife due to the above is because reality cannot be changed. Moreover, in terms of its creation, a divorce contract takes the same ruling as any other contract. And a divorce contract is one of annulment. Another reason is because a divorce results in consequences relating for instance to the rights of the wife and others.
It is impermissible to change the document except when a tangible error is made. Examples include the ma`zun documenting the number of divorces as three instead of one or two, the ma`zun or an official falsifying the document, and the like of other tangible mistakes or coercion.
 

Related links
» What is the ruling of Islamic law if a person is uncertain whether he has divorced his wife or not?
» When does the divorce effectively take place?
» What is the legal precinct for the alimony of a divorced woman?
» The ruling for an unregistered divorce in the presence of witnesses
» Keeping contact with my former spouse is necessary. How should I deal with him?