A married woman, with a 5 year old child, verbally received 2 divorces (Talaq Sigha) several years ago in the presence of witnesses and is presently not living with her husband. Is she allowed to have a Mutah marriage with another man?

Husband Marriage Man Divorce Mut'a (Temporary marriage)

A married woman, with a 5 year old child, verbally received 2 divorces (Talaq Sigha) several years ago in the presence of witnesses and is presently not living with her husband. Is she allowed to have a Mutah marriage with another man?

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11010

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Zoheir Ali Esmail, Shaykh Zoheir Ali Esmail has a Bsc in Accounting and Finance from the LSE in London, and an MA in Islamic Studies from Middlesex University. He studied Arabic at Damascus University and holds a PhD... Answered 5 years ago

Bismillah

Thank you for your question. Below is the response from the office of Ayatullah Makarim Shirazi (hA)

May you always be successful:

Wa Alaykum Assalaam

If the Talaq formula is recited with all its conditions, Talaq is valid and she can get married after Iddah period.

Issue No.2135- A man who divorces his wife must be sane, and as an obligatory precaution, he must also be mature, and he should divorce her out of his will. Hence, if someone compels him to divorce his wife, the divorce will be void. It is also necessary that he seriously intends to divorce. If, therefore, he pronounces the formula of divorce sarcastically, the divorce will not be valid.

Issue No.2136- Based on obligatory precaution, the formula for divorce should be pronounced in correct Arabic, and it is obligatory that two just men hear it. If the husband himself wishes to pronounce the formula for divorce, and his wife’s name is for example, Fatima, he should say:
زَوْجَتِي فاطِمَةُ طالِقٌ
“Zawjatī Fatima Ṭāliq”
(My wife Fatima is divorced)
And if he appoints another person as his representative to pronounce the formula of divorce, the representative should say:
زَوْجَةُ مُوَکِّلِي فاطِمَةُ طالِقٌ
“Zawjatu Muwakkilī Fatima Ṭāliq”
(Fatima, the wife of my client is divorced).

Issue No.2137- It is necessary that at the time of divorce, the woman is pure from ḥayḍ (menstrual blood) and nifās (lochia or birth bleeding), and that the husband should not have had sexual intercourse with her during that period of purity, and if he had sexual intercourse with his wife while she was in ḥayḍ or nifās preceded by purity, the divorce is not sufficient as an obligatory precaution, rather she should enter ḥayḍ once again and become pure, and then she can be divorced. (The details of these two conditions will be given in the succeeding issues).