Divorced His Wife in Anger after Her Request Then Took Her Back
Fatwa No: 428677

Question

Assalaamu AlaiykumFew months ago there is some misunderstanding between me and my wife. On that day when i asked her, she told me if these thing are un acceptable then divorece me. I asked her that she wants divorce. She said if these things are un acceptable then you can divorce me. I divorced her in agner. Later on we made raju and have physical relations. But few days ago she told me that the divorce you pronounced is on my demand and that was khula and marriage is annulled. Kindly tell me that in above situation is it khula or divorce. There are no term and conditions to give something back etc. And i have no intension of khula and also did not pronuce the word khula or like wise. Please tell what is it a khula or a divorce

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Divorcing the wife after her request for divorce is not Khul’, but it is a revocable divorce.

Fataawa Daar Al-Iftaa’ Al-Misriyyah reads:

"Every divorce takes place as a revocable divorce except for the one that completes three divorces, the divorce before the consummation of the marriage, and the divorce in return for money." [End of quote]

Accordingly, what happened between you and your wife is a divorce. Nonetheless, since it is not the third divorce, then your taking back of your wife is valid, and your marriage is still ongoing and is not invalidated.

For more benefit on an irrevocable divorce, please refer to Fataawa 384739, 381389, 128967, and 116098.

For more benefit on divorce given in anger, please refer to Fataawa 220696, 243088, 322960, 388225, 395773, 121374, 126164, and 245707.

Allah Knows best.

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