Revoking the divorce can be done by verbal statement or action
Fatwa No: 89845

  • Fatwa Date:26-4-2005 - Rabee' Al-Awwal 18, 1426
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Question

Zaid and Maryam married on 1/11/2002. From 22/02/04 Maryam is staying with her parents. On 27th July, 04 Zaid gave Maryam one Talaaq by mail. After first Talaaq they met outside and settled the problem, again on 31st Aug, 04 Zaid gave Maryam second Talaaq by mail. Again they met outside after 15 days of the second Talaaq. This time Zaid touched and kissed his wife many times. Now Zaid has got married to another girl, and he doesn't want to keep Maryam. I want to know whether he should give Talaaq third time also to break this relation or two Talaaq is sufficient.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

The following four points should be noted:

1.     Marriage is one of the symbols of Allaah, and Allaah has referred to it as a heavy contract. Allaah Says in this regard (what means): {…and they have taken from you a firm and strong covenant?} [Qur'an 4:21]. So one should not play with this contract or misuse it.

2.     By writing the word divorce, divorce takes place if the husband intended it, or if it is accompanied by the utterance of the word divorce.

3.     If a husband divorces his wife, then the marriage contract becomes void whether that is the first, the second or the third divorce.

4.     The scholars  may  Allaah  have  mercy  upon  them have differed in opinion about the method of taking back one's wife, the most preponderant opinion is that if the husband has sexual intercourse with her or if he just engaged in foreplay, then this is considered as taking her back if he intended to take her back. Therefore, if this man, by touching and kissing his wife, intended to take her back then she is his wife. If he wants to divorce her, he has to initiate a divorce, and if he wants he can keep her and be just to her and his other wife, then he can do so, especially if he has had children with her. However, if by touching her and kissing her he had no intention of taking her back, then he is not considered as having taken her back. If her waiting period ended from this second divorce, she is irrevocably divorced, and he cannot take her back except with a new dowry and a new marriage contract. Therefore, she becomes like any other marriageable woman to him, he is not allowed to be in seclusion with her or to look at what is forbidden for him to see in her. He may ask her hand for marriage again, and she may either accept or refuse. Hence, this woman should know that after the end of her waiting period, she is considered divorced and the husband cannot take her back (unless with a new contract and dowry), and there is no need for a third divorce.

Allaah Knows best.

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