Question # 438: Asalamu alaykum; I divorced my second wife with one talaq and she finished her waiting period but my first wife asking me to give two remaining talaq so that there should no means of remarrying this lady.. is that permissible to divorce already divorced wife whose period of waiting is over. Wabillahi towfiq asalamu alaykum warahmatullahu wabarakatuhu
bismi-llahi r-raḥmani r-raḥīm,
Assalamu ‘laikum warahmatullahi wabarakatuh,
All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم).
Dear questioner,
First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake.
Shorter Answer: No, uttering the word ‘divorce’ after the completion of waiting period has no effect, because she is not considered your wife anymore and so the divorce does not take place.
Long Answer: The Revocable Divorce is when the first or second divorce is pronounced by the husband on his wife with whom he has consummated the marriage, on the condition that it is not in return for compensation (as in the case of Khul‘). This divorce entails no separation consequences so long as the wife is in the period of ‘Iddah (waiting period), during which the husband has the right to take her back and she becomes lawful for him. However, if the period of ‘Iddah is over without taking her back she then becomes divorced from him and she is unlawful for him except with a new contract and dowry.
However, uttering the word ‘divorce’ by the husband after the completion of waiting period has no effect, because she is not considered wife anymore and so the divorce does not take place.
(The above reply is based on Islamweb.net, a web site belonging to the Ministry of Awqaf and Islamic Affairs in the State of Qatar)
Allahu A’lam (Allah (سبحانه و تعالى) knows best) and all Perfections belong to Allah, and all mistakes belong to me alone. May Allah (سبحانه و تعالى) forgive me, Ameen.
Wassalaam
