Assalamu alaykum. Hanafi. I divorced my wife with an allusive (kin?yah) expression, and a b?’in divorce took place. During her ?iddah period, on the 4th day of ?iddah, I gave another divorce with a clear (?ar??) expression, and on the 33rd day of ?iddah, I gave yet another divorce with a clear expression. My question is: since the marriage bond is already severed in a b?’in divorce, are the later divorces(during iddah) counted together with the first one? What should I do?
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad
is His slave and Messenger.
We advise you to directly speak to one of the scholars about this question so that he may inquire from you further clarification, especially regarding the fact that this divorce has occurred irrevocably, even though you did not mention that a divorce had occurred before it.
If necessary, one can also refer to the authority responsible for tackling Muslim issues, due to the existence of disagreements of opinion on some certain matters.
In general, the Hanafis hold that a divorced woman, as long as she is still in her Iddah (waiting period) is still subject to divorce - even if it is from an irrevocable divorce (as in the case of Khul’ initiated by the wife in return for compensation as divorce becomes irrevocable as soon as Khul’ is initiated) - meaning it is valid to divorce her again (in her ‘Iddah). However, this issue is a matter of scholarly disagreement, as we mentioned earlier.
We emphasize the importance of consulting a scholar in person or referring to the authority responsible for personal status matters, in order to determine whether there is a way for your wife to return to you or rather she has become irrevocably divorced from you with a major separation (which means that she is not lawful for you unless she marries another man in a valid marriage and he consummates the marriage with her and then he either dies or divorces her).
Finally, we caution against using divorce as a means to resolve marital problems. Other methods should be pursued to resolve them, and wisdom should be exercised in doing so to avoid future regret.
Allah knows best.
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