What is the correct way to take back one's wife after divorcing her irrevocatively (three times), knowing that a valid seclusion (khalwa shar'iyya) occurred with her before the divorce, and the husband waived half of the Mahr?
If a man repeats the word of divorce [] and intends three divorces by it, all of them take effect, and the woman becomes irrevocably divorced from him [baynunah kubra], not permissible for him [to remarry] until she marries another husband. However, if he intended a single divorce and repeated the word for emphasis, or if he did not intend anything, then only one divorce takes effect.
If he pronounced a single divorce before consummation but after a valid private seclusion [ sahihah], there is a difference of opinion among scholars regarding the obligation of the full dower [mahr] and the permissibility of reconciliation [raj'ah] during the waiting period []. According to the view that permits reconciliation, he has the right to take his wife back before her waiting period expires, and reconciliation does not depend on her consent or her family's consent. However, if her waiting period has expired, she becomes irrevocably divorced from him, and he does not have the right to take her back except through a new contract.
It is preferable to present these matters to scholars whose knowledge and piety are trusted, for a direct consultation and detailed explanation.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/150748
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 150748
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy