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:

thank you very much brother burhan....

as i told you before my parents had this fight where my father screamed:"DIVORCE!! DIVORCE!!"

but then after only 2 or 3 days they returned to behaving like husband and wife...so that means they are like a married couple again right?? i want to thank you very much as you have lifted a very stone from our hearts....thank you very much...may Allah give his blessings to you and help you in every problem that you encounter even though i believe He will never ever think of putting you in tensions.....i just pray that you shall obtain a place in the Gardens...thank you again

 

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Answer:

 

Divorced twice

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.

 

May Allah Subhanah reward you with the best of this world and the Hereafter for your kind comments of encouragement for our humble efforts in the propagation of the Truth.  If our humble and modest efforts have helped even one brother or sister get closer to Allah and His Deen of Truth, then we would consider ourselves indeed fortunate to have been given this opportunity by the Lord Most Merciful to serve in His Cause.  We hope, beg, and pray the Merciful Lord accepts our humble and weak efforts, forgives us our shortcomings, and saves you, us, and all the believers from the torment of the Hell Fire.  Ameen.

 

Your Question: ….as i told you before my parents had this fight where my father screamed:"DIVORCE!! DIVORCE!!"
but then after only 2 or 3 days they returned to behaving like husband and wife...so that means they are like a married couple again right??

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.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom (if it is the wife who initiates the divorce). These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons are the wrong-doers.

 

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Allah Subhanah has placed the marriage ties in the hands of the husband, and the husband has a total of three divorce rights in any one marriage in Shariah….the first two declarations of divorce are revocable, but if (Allah forbid) a husband were to declare a third divorce upon his wife, it would be absolutely irrevocable and the couple can never ever remarry each other again unless and until the wife happens to marry another person, and her new husband, of his own will happens to divorce her, or he dies.

 

In this particular case related by you, your father declared two pronouncements of divorce upon his wife….but because he chose to revoke his divorce and take back his wife (in this case 2-3 days) before the expiration of the ‘iddah’ or waiting period of divorce which is three menstruation periods, the couple are well within their rights to live together as a husband and wife again. 

 

Because your father chose to revoke his declaration of divorce within the ‘iddah’ period, there is absolute no need in Shariah for the couple to perform a new ‘nikaah’ to enable them to live together as a husband and a wife.  But if the time limit for the ‘iddah’ of divorce of three menstruation periods of the wife had expired, and then your father wished to revoke his declaration of divorce….a brand new ‘nikaah’ with a brand new ‘mehr’ would need to be performed for the couple to remarry and live together as a husband and wife again.

 

Because your father chose to declare two divorces upon his wife, he has now used up both his revocable divorce rights in his marriage.  If at anytime in the future your father were to, Allah forbid, declare another divorce upon his wife….that then would constitute a third and absolutely irrevocable divorce in their marriage in the Sight of Shariah Law and of Allah Subhanah.  

 

We requite the phrases of the Verse quoted above from Surah Baqarah verse 229:

…….These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons are the wrong-doers.

 

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