Is it permissible for a husband to take back his wife, and how many divorces are counted, and what are the conditions for taking her back, if he said to her: "If you leave now, it will be the last day of our marriage," then when she left, he said: "Since you left, you are divorced, and I will not go back on this divorce," knowing that this occurred during a period of purity in which he had intercourse with her?
The majority of scholars hold that a conditional divorce occurs if the condition it was contingent upon is met, and this is the fatwa given. So, if the husband intended divorce by his statement, "This will be the last day of our marriage," then a divorce occurs upon her departure. However, if he did not intend divorce with this phrase (because it is a kinayah - an ambiguous expression), then no divorce occurs.
As for his statement, "Since you went out, you are divorced," this is an explicit divorce (talaq sareeh) and a divorce occurs thereby. If the conditional divorce had already occurred, then this would be the second divorce, unless his intention was to inform her of the occurrence of the conditional divorce, in which case it would be only one divorce.
Divorcing one's wife during a period of purity in which he had intercourse with her is an innovated and forbidden divorce (talaq bid'i), but the preponderant opinion is that it is nevertheless valid despite its unlawfulness.
If one or two divorces have occurred, the husband has the right to take back his wife (raj'ah) as long as she is within her waiting period (iddah), without requiring the wife's consent or knowledge. It is recommended to have witnesses to the raj'ah.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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