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Fatwa CenterHe divorced her, then had sexual intercourse with her during her waiting period
Question
I have been under iddat and hav finished my 2nd cycle. My husband and myself had sexual relations but we both feel we did the wrong thing and would still like to proceed with the talaq. he has already given me 2 talaq. Can I continue with my iddat or does he have to give me another talaq proceeding with another 3 period cycle.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If this waiting period during which your husband had sexual intercourse with you was not from a third divorce, then some scholars are of the view that if a husband has sexual intercourse with his wife during her waiting period from a revocable divorce, then this is considered as him taking her back even if he did not intend to take her back. Indeed, we have already clarified this in Fatwa 89845. Therefore, you are still his wife.
However, if he divorces you another time, then you should observe a new waiting period after divorce.
It should be mentioned that a husband is not permitted to divorce his wife while she is in menses or after having sexual intercourse with her after her last menstruation; both are innovative divorces [i.e. divorces that are not according to the Sunnah] and are forbidden.
Besides, the spouses should not resort to divorce unless it is the only way to solve their problems. The Sharee’ah does not encourage divorce, rather it made it the last solution in case the wife is disobedient, and it advised the spouses to reconcile and informed them that reconciliation is better.
Therefore, if reconciliation is possible, you should resort to it especially if you have children as they might be victims of your divorce.
Allaah Knows best.
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