Praise be to Allaah.
The sunnah with regard to divorce (talaaq) is that the man
should divorce his wife during a period of purity (i.e., when she is not
menstruating or bleeding following childbirth) in which he has not had
intercourse with her. If he divorces her during the period of purity in
which he has had intercourse with her, it counts as a divorce according to
the majority of scholars.
But some scholars are of the view that this is an innovated
divorce (talaaq bid‘i) and does not count as such.
If a man gives his wife an innovated divorce and counts it as
such, based on his own opinion or following the opinion of the majority of
scholars, or following the opinion of one who gives a fatwa concerning that,
then his divorce is valid and counts as such, and he does not have the
right, if he divorces his wife for a third time, to re-examine the previous
divorce for the purpose of taking her back, because this is a kind of haraam
trickery, and his wife does not become permissible to him by means of that.
Dr. Ahmad ibn ‘Abd al-Rahmaan al-Qaadi (may Allah preserve
I asked our shaykh, Shaykh Ibn ‘Uthaymeen: A man took his
wife to her family's house with the intention of divorcing her, but when he
met her father he was reluctant to utter the word of divorce clearly, and he
said: “It seems that we are finished” or words to that effect. That was
during a period of purity in which he had had intercourse with her. Is she
He replied: This phrase was accompanied by the intention (of
divorce) and so it counts as a divorce. With regard to it being during the
period of purity in which he had had intercourse with her, or divorcing
during the menses, my way of issuing a fatwa is:
If the question comes when the woman is still observing
‘iddah, I tell the questioner that it does not count as a divorce, as is the
more correct view. If the question comes after the end of the ‘iddah, I tell
the questioner that it does count as divorce, as it is the view of the
majority that an innovated divorce counts as such, and because the husband
believes that she is no longer married to him, and if she married another
man after the ‘iddah, he would regard it as something valid.
Then he said: I asked our shaykh (may Allah have mercy on
him) about a man who divorced his wife three times and his wife told him
that the second time he divorced her, she was menstruating. Is she
irrevocably divorced from him?
He replied: I ruled that she is irrevocably divorced from
him, because when he divorced her, he did so on the basis that it was the
final divorce and people did not regard the divorce issued at the time of
menstruation as anything other than a divorce, and they did not regard the
threefold divorce as one divorce until the fatwa of Shaykh ‘Abd al-‘Azeez
ibn Baaz to the contrary became widely known. Then the one whose wife became
irrevocably divorced from him started saying, One of them was done in a
moment of extreme anger, and the other one when she was menstruating and so
on, to avoid it being counted as divorce.
Then Dr. al-Qaadi said: I discussed this matter with the
shaykh as did other brothers, because we know that he did not regard the
innovated divorce as valid, but he insisted on the fatwa mentioned above
which states that the divorce in this valid was valid and counted as such.
End quote from Thamaraat al-Tadween min Masaa’il Ibn
Based on that, you have divorced your wife three times.
And Allah knows best.