If a man divorces his wive using only one talaaq, can he take her back as his wive after 9 months.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

If a man divorces his wive using only one talaaq, can he take her back as his wive after 9 months or can he only take her back within the shorter period of 3 months? I am asking this because there are many muslim friends of mine who believe that as long as you have not used all 3 talaaqs you can take back your wive any time. 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Revocable divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:

228    Divorced women shall wait concerning themselves (iddah) for three monthly periods; nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day.  And their husbands have the better right to take them back in that period if they wish for reconciliation.

 

If the husband has declared a divorce which is revocable (the 1st or the 2nd), he is well within his rights to revoke that divorce before the expiration of the ‘iddah’ of waiting period which is three menstrual cycles of the woman.  In such a situation, the divorce will be revoked and the husband and the wife may live together again as a married couple without any need to perform a ‘nikaah’ again.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 232:

232    When ye divorce women and they fulfil the term of their (`Iddat) do not prevent them from re-marrying their (former) husbands if they mutually agree on equitable terms.  This instruction is for all amongst you who believe in Allah and the Last Day.  That is (the course making for) most virtue and purity amongst you and Allah knows and ye know not

 

But if a husband does not revoke the divorce before the expiration of the ‘iddah’ period of three menstrual cycles, a divorce will be established and the woman is free to marry anyone of her choice.  If after the expiration of the ‘iddah’ period (be it nine months or ninety years!), the same couple wish to re-marry again, there is allowance in the Shariah…..but a brand new ‘nikaah’, with a brand new ‘mehr’, etc. will have to performed between the couple.

 

Your Statement: …..you can take back your wive any time. 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. 

 

There is absolutely no restriction on the time period within which a couple who are divorced can choose to remarry again; but a divorce pronounced can only be revoked twice in any one marriage…..at the declaration of the third divorce, the couple will be deemed irrevocably divorced and they can never remarry each other again unless the wife were to marry another husband, and that husband were to perchance divorce her; or die.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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