Fatwa No : 86909
Ruling Concerning Divorce

Ruling Concerning Divorce

What do the respected Muftis say regarding this matter: A man gave his wife one divorce three years ago with the explicit words, “I give you divorce.” Thereafter, he reconciled with her during the waiting period (‘iddah). Recently, two or three days ago, during a quarrel, he again gave his wife a second divorce with the same explicit words, “I give you divorce.” In this situation: How many divorces have taken place? Is there now any scope for reconciliation (ruju‘) or not?

الجوابُ حامِدا ًو مُصلیِّا ً

In the case mentioned, if the man indeed gave his wife a divorce three years ago with the explicit words “I give you divorce,” then through that, one revocable divorce (talaq raj‘i) had taken effect upon his wife. Since he reconciled during the waiting period (‘iddah), the reconciliation was valid. In the recent incident, during a quarrel, if the said man again told his wife with the explicit words “I give you divorce,” then through this, a second revocable divorce has now taken effect upon his wife. However, the man still has the right to reconcile during the waiting period. Thus, if he verbally declares reconciliation (for example, by saying “I take you back” or similar words), or if he practically resumes marital relations with her, or touches her with desire, reconciliation will be valid and the marriage will remain intact. If, however, he does not reconcile during the waiting period, then once the waiting period expires, the marriage will be completely terminated. Thereafter, if they wish to live together again as husband and wife, it will be necessary to contract a new marriage with mutual consent, proper proposal and acceptance, and in the presence of witnesses. In either case, going forward, the man will have only one divorce remaining at his disposal. Therefore, utmost caution must be exercised in all matters related to divorce.

مأخَذُ الفَتوی

کما فی الہدایۃ : " و إذا طلق الرجل امرأته تطليقة رجعية أو تطليقتين فله أن يراجعها في عدتها رضيت بذلك أو لم ترض " لقوله تعالى: {فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ} [البقرة: 231] من غير فصل و لا بد من قيام العدة لأن الرجعة استدامة الملك اھ(2/254)۔