undo a Talaq?

[faisal_slough]

Sallam-Allah-Qum Brothers and Sisters

This is my first post on this forum (or any forum really). I have a very important question to ask which I hope someone can help.

I know someone who in anger and while really upset said talaq to his wife 3 times. He now regrets saying it and would like to undo the talaq, is this possible if so how. If not that what does he need to do, he is stil living with his wife and they both agree that the talaq was said in the wrong state of mind and that they want to fix it.

Any advice would be great. Many thanks

Faisal

[Ibn Khattab]

is ur name faisal and do you live in slough?

[Medievalist]

The talaq has been done if he said talaq talaq talaq to her. He can only be with her now if she goes through halaalah.

[Baybars]

Sallam-Allah-Qum Brothers and Sisters

This is my first post on this forum (or any forum really). I have a very important question to ask which I hope someone can help.

I know someone who in anger and while really upset said talaq to his wife 3 times. He now regrets saying it and would like to undo the talaq, is this possible if so how. If not that what does he need to do, he is stil living with his wife and they both agree that the talaq was said in the wrong state of mind and that they want to fix it.

Any advice would be great. Many thanks

Faisal

This person really needs to speak to a local scholar or imam. Perhaps there is a mufti in his local area that he could get in touch with. My understanding is that the talak is valid, but I'm not a scholar. This individual should personally get in touch with a scholar that he trusts concerning such serious matters.

[THE PATH 2]

Sallam-Allah-Qum Brothers and Sisters

This is my first post on this forum (or any forum really). I have a very important question to ask which I hope someone can help.

I know someone who in anger and while really upset said talaq to his wife 3 times. He now regrets saying it and would like to undo the talaq, is this possible if so how. If not that what does he need to do, he is stil living with his wife and they both agree that the talaq was said in the wrong state of mind and that they want to fix it.

Any advice would be great. Many thanks

Faisal

they cannot live together

they are no longer husband and wife

if they sleep together it will be zina


SHE MUST DO IDDAH NOW

http://www.daruliftaa.com/question.asp?txt_QuestionID=q-16255714

[faisal_slough]

Wow Jazaklla brothers, such quick replies. Thank you.

To answer Ibn Khattab question, yes I do live in Slough and yes my name is Faisal. Thank you

What is halaalah and how is it performed.

I am going to read the iddah website now and pass the info on to the brothers.

Also how does one find a local mufti or mulana, i dont think there is one is Slough.

Thank you

Faisal

[THE PATH 2]

HALALUU IS a great sin if done for "fixing" this situation

the new husband may not divorce his wife if he wishes...

the conditional halaalu is a great sin

ie
marriage to new husband..then sleeping together then divorce as soon as can be

[fisabilllillah]

is ur name faisal and do you live in slough?

looooool :smack:

[Pro_Candy]

HALALUU IS a great sin if done for "fixing" this situation

the new husband may not divorce his wife if he wishes...

the conditional halaalu is a great sin

ie
marriage to new husband..then sleeping together then divorce as soon as can be

The new marriage must not be a marriage just to sleep with a man with the intention of divorce. At least, that's what I've been told.

[Baybars]

Also how does one find a local mufti or mulana, i dont think there is one is Slough.


There must be a local mosque somewhere in Slough right? I'm assuming you're Ahlus Sunnah Wal Jama'ah, in which case make sure the mosque isn't shia or ahmedi or any other kind of deviant sect (and I'm sure that's obvious to you anyway), and then just approach the imam of the mosque directly, to put you in touch with a local mufti or alim.

[THE PATH 2]

The new marriage must not be a marriage just to sleep with a man with the intention of divorce. At least, that's what I've been told.

correct

http://www.muftisays.com/qa.php?viewpage=viewQA&question=3660



It should be borne in mind that it is not permissible
for the wife to marry someone else with the specific
condition that he will Divorce her immediately
following sexual intercourse. This is extremely sinful
and has been cursed.

Rasulullah Sallallahu Alaihi Wasallam said: "Allah's
curse is on the one who undertakes Halaalah and also
the person for whom the Halaalah was carried out."

In other words, a Halaalah can only take place as a
natural course of events, and to plan or contract a
Halaalah is forbidden.

You ask whether your she can get married to a "hijra" or an "insane" person. As we have already mentioned, a planned or contracted halalah is impermissible, in any case, wouldn't you agree that your ex-wife has been through much heartache in this tumultuous period? Is it really fair for you to even suggest that she marries a eunuch or an insane person, so that she can get re-married to you? Perhaps the understanding here is that then she would not have to have intercourse, but understand that this is an essential part of the Halaalah, merely contracting marriage is not the purpose here, but at least once intercourse must take place necessarily for the Halaalah to be valid.

Allamah Shaami, the erudite Scholar Rahmatullahi Alaih writes: "Halaalah is dependent upon intercourse, and not mere Nikaah." ( quote extracted from The Complete System of Divorce by Mufti Abdul Jaleel Qasmi).

One of the reasons of the Halaalah procedure, is to enjoy intercourse (her sweetness) with the second husband so that the first husband realises the pain of issuing a divorce, to that extent that it may serve as a lesson.

At the end of this discourse, we would like to impress upon the readers, the seriousness of Talaaq, and the effectiveness of the issuance thereof. Just as a person would not shoot bullets without thinking of the consequences, similarly Divorce should not be "shot" without pondering the consequences. The damage caused cannot be be retracted, or damage withdrawn. If one had shot and killed a person, and they pleaded with the judge that they did not intend to shoot, or they were angry, or any other excuse, the chances are that they would go down for homicide, or at least manslaughter, but they would not leave scot-free.

"be kind to women-you have rights over your wives, and they have rights over you." He also said, "Treat your women well, and be kind to them, for they are your partners and committed helpers," and at a different time, he said, "The strong man is not the one who can use the force of physical strength, but the one who controls his anger" (Bukhari)

[THE PATH 2]

http://www.muftisays.com/about.php

MuftiSays.com began on the 1st of Shawwal 1424, 25th November 2003 and launched in December 2003.

MuftiSays.com, based in London (UK) is one of the fruits of Darul Uloom London. I would like to praise all my teachers for making this a possibility and giving me the strength, courage and enthusiasm I deeply required to gather the Ulamaa, such blessings of Allah, for this auspicious cause and producing this service online not just for Question & Answers but as a rivival of Islam effort. May Allah be pleased with my teachers, Shaykh Mufti Umar Farooq Sahib, Shaykh Maulana Saleem Nawaab Sahib, Mufti Mustafa Sahib (Principal), Maulana Dawud Paryeji Sahib, Maulana Muhammad Sahib, Maulana Yusuf Kothi Sahib, Mufti Ismail Patel Sahib, Maulana Abu Bakr Sahib (Nawwarallahu Marqadahu), Mufti Ibraheem Sahib, Maulana Abdullah Ibn Abi Bakr Sahib, Qari Abdur Rasheed Sahib, Qari Shuaib Sahib, Maulana Masood Alam Kazi Sahib, Hafiz Ibraheem Sahib, Maulana Iqbal Sahib. Ameen

Our aim was to give people the chance to ask Islamic based questions and problems so the eminent scholars who have dedicated their lives for this purpose can attend to them in the correct manner. As well as the graduates of Darul Uloom London, we also have other blessed Ulamaa from around UK.

[`asiya]

Sallam-Allah-Qum Brothers and Sisters

This is my first post on this forum (or any forum really). I have a very important question to ask which I hope someone can help.

I know someone who in anger and while really upset said talaq to his wife 3 times. He now regrets saying it and would like to undo the talaq, is this possible if so how. If not that what does he need to do, he is stil living with his wife and they both agree that the talaq was said in the wrong state of mind and that they want to fix it.

Any advice would be great. Many thanks

Faisal

:wswrwb: u need to get them to go to their local imam and ask about this matter its very serious.

Divorce uttered in anger (http://www.islam-qa.com/index.php?ref=22034&ln=eng)

Ruling on divorce at a moment of anger (http://www.islam-qa.com/index.php?ref=45174&ln=eng)

He issued the third talaaq (divorce) and claims that he was angry (http://www.islam-qa.com/index.php?ref=70342&ln=eng)

Her husband is very bad-tempered and has divorced her three times (http://www.islam-qa.com/index.php?ref=72439&ln=eng)

Conditional divorce and divorce in a state of extreme anger (http://www.islam-qa.com/index.php?ref=82400&ln=eng)

Thrice-divorced at one time (http://www.islam-qa.com/index.php?ref=6125&ln=eng)

He pronounced divorce three times but the qaadi wrote it down as one divorce. The ‘iddah has now ended and he wants to take her back (http://www.islam-qa.com/index.php?ref=36580&ln=eng)

Ruling on divorce via e-mail (http://www.islam-qa.com/index.php?ref=36761&ln=eng)

[Kal-El]

If her husband divorced her by saying Talaq three times, just because he was angry, then maybe she doesn't want him for a husband and isn't interested?

[Lone Wolf]

This whole halaah business is one of the most nonsensical 'Hadith Laws' that I've ever come across!

[Arsalan]

Usually if i wanna undu things i Click left mouse button on "Edit" and goto "Undu" in drop down menu, iam not sure how its down on Office 2007.

[Arrakis]

Wow, this was how my marriage ended, he said it three times in one go (I was so happy when he did) and I knew our marriage was finally over.

The thing was his parents and the people around us were called in for an emergency meeting, and they all tried to tell me that in anger it didn't count (which was not what I wanted to hear). So I remember writing a letter to one of those sites asking and they told me that my marriage was over. (again making me very very happy)

I left then.

That will teach a man to hold his tongue in anger, is all I can say.

[Phoenix CG]

Click left mouse button on "Edit" and goto "Undu" in drop down menu, iam not sure how its down on Office 2007.

lol...*shakes head, u nerd. :p

[shamson]

:wswrwb: u need to get them to go to their local imam and ask about this matter its very serious.

Divorce uttered in anger (http://www.islam-qa.com/index.php?ref=22034&ln=eng)

Ruling on divorce at a moment of anger (http://www.islam-qa.com/index.php?ref=45174&ln=eng)

He issued the third talaaq (divorce) and claims that he was angry (http://www.islam-qa.com/index.php?ref=70342&ln=eng)

Her husband is very bad-tempered and has divorced her three times (http://www.islam-qa.com/index.php?ref=72439&ln=eng)

Conditional divorce and divorce in a state of extreme anger (http://www.islam-qa.com/index.php?ref=82400&ln=eng)

Thrice-divorced at one time (http://www.islam-qa.com/index.php?ref=6125&ln=eng)

He pronounced divorce three times but the qaadi wrote it down as one divorce. The ‘iddah has now ended and he wants to take her back (http://www.islam-qa.com/index.php?ref=36580&ln=eng)

Ruling on divorce via e-mail (http://www.islam-qa.com/index.php?ref=36761&ln=eng)

JazakAllah for this sister - mashAllah i have noticed that you seem to always beat me in doing good deeds on this forum:inlove: mashAllah may Allah reward you for giving brother faisal access to some sahih facts - love you for the sake of allah ukhti :D

[MG]

is ur name faisal and do you live in slough?



:rotfl:

[Treasured Soul]

First of all ... I thought one talaq had to be issued over three months. After the first talaq, the woman is in iddah. The prupose of the iddah is to save her from ppl calling her child illigetimate if she is pregnant. In which case, if she found out she was pregnant, then the two parties may want to reconcile. Also, over three months, they can cool down and rethink about the whole situation.

From what i understand, three talaqs in one go is not the correct method. You should ask a scholar.


Also, just enquiring from ppl here, do u know if uv had an english divorce without the words talaq, does that count as an islamic divorce? or does it count as one of the divorces?

[curious_man]

Wow, this was how my marriage ended, he said it three times in one go (I was so happy when he did) and I knew our marriage was finally over.

The thing was his parents and the people around us were called in for an emergency meeting, and they all tried to tell me that in anger it didn't count (which was not what I wanted to hear). So I remember writing a letter to one of those sites asking and they told me that my marriage was over. (again making me very very happy)

I left then.

That will teach a man to hold his tongue in anger, is all I can say.
i know what you mean - sometimes divorce is necessary to end the days of depression. i was in a unhappy marriage for 7 years until i uttered 3T's and it was over - relief - i have achieved more (by help of ALLah) in last 5 years then first 25 alhumdulillah.

[curious_man]

First of all ... I thought one talaq had to be issued over three months. After the first talaq, the woman is in iddah. The prupose of the iddah is to save her from ppl calling her child illigetimate if she is pregnant. In which case, if she found out she was pregnant, then the two parties may want to reconcile. Also, over three months, they can cool down and rethink about the whole situation.

From what i understand, three talaqs in one go is not the correct method. You should ask a scholar.


Also, just enquiring from ppl here, do u know if uv had an english divorce without the words talaq, does that count as an islamic divorce? or does it count as one of the divorces?
as far as I know english divorce can count as islamic divorce too. i did both to make sure i was divorced.

[Pro_Candy]

Wow, this was how my marriage ended, he said it three times in one go (I was so happy when he did) and I knew our marriage was finally over.

The thing was his parents and the people around us were called in for an emergency meeting, and they all tried to tell me that in anger it didn't count (which was not what I wanted to hear). So I remember writing a letter to one of those sites asking and they told me that my marriage was over. (again making me very very happy)

I left then.

That will teach a man to hold his tongue in anger, is all I can say.

I know what you mean. My husband said it for the third time in anger, then later regretted it. He found sources who told him that since it was in anger, it didn't count. So I consulted a scholar who told me that it did, in fact, count as a divorce, that if he said it three times or for the third time, whether in anger or not, it was a divorce.

Funny thing though, when we went to the masjid to finalize everything, the sheikh took me aside and tried to get me to reconcile. I said, he uttered talaq three times. He asked me, "do you want a divorce from this man?" I said, yes I do. I couldn't understand how he could try and reconcile us, using the old 'but it was in anger' excuse.

[Treasured Soul]

as far as I know english divorce can count as islamic divorce too. i did both to make sure i was divorced.

I thought it counted as one, thats why i was curious.

and the fact that if u hav an english divorce, the woman can remarry.

also, if u wanted to get back together after an english divorce, u would have to do the nikkah all over again

so theres alot of contradictions and i dont understand them.

[shamson]

I remember reading a hadith where the son of Umar RA had divorced his wife by saying i divorce you and thinking that was it but when word got to the messenger SAW he ordered ibn Umar to take back his wife AND complete the IDDAH period of 3 months (issuing a new divorce after each month if he wants to move forward with the divorce).

The method of divorce is clearly stated in the Qur'an, Please read english translation of surah Baqarah 2:228 onwards which clearly states the method you have to use to obtain a final divorce. 3 in 1 is not the case!

[shamson]

I thought it counted as one, thats why i was curious.

and the fact that if u hav an english divorce, the woman can remarry.

also, if u wanted to get back together after an english divorce, u would have to do the nikkah all over again

so theres alot of contradictions and i dont understand them.


yes it does count as one!

[shamson]

narrated in Saheeh Muslim from Ibn ‘Abbaas RA who said: “At the time of the Messenger of Allaah SAW, the time of Abu Bakr RA and the first two years of the caliphate of ‘Umar RA, a threefold divorce was counted as one. ‘Umar said: “People are being hasty with regard to a matter in which they should not rush. Let us count it as three and judge between people accordingly .”

In another report narrated by Muslim: Abu’l-Sahba’ said to Ibn ‘Abbaas RA: “Was not three counted as one at the time of the Messenger of Allaah SAW, the time of Abu Bakr RA and the first three years of the time of ‘Umar RA?” He said: “Yes,”

They also quote as evidence the report narrated by Imam Ahmad in al-Musnad with a jayyid isnaad from Ibn ‘Abbaas RA, that Abu Rakaanah divorced his wife by saying “I divorce you thrice”, then he regretted it, so the Prophet SAW returned her to him with one word and said, “This is only one (divorce).”

“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”

[al-Baqarah 2:230]

This was the view of Ibn ‘Abbaas RA according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from ‘Ali, ‘Abd al-Rahmaan ibn ‘Awf and al-Zubayr ibn al-‘Awwaam RAAH.

This was also the view of a number of the Taabi’een, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them).

[the_middle_road]

Bro Faisal I would advise you to get some advice from your local Imam or Shaikh and not over the internet. This is a very serious matter and in cases such as these, each case should be considered individually. The circumstances of people may vary from case to case, and so a different ruling could then apply. The general rule is that three talaqs, pronounced in one, is sinful but binding and this is the view of the majority of the scholars. But ibn Taimiyyah says that it is counted as one divorce only. If a divorce is uttered in anger, then it is binding, but if his anger is such that he does not know what he is saying then it will not be binding. That is why, like I have said, such cases should be decided on their individual merits. You should consult a real 'alim and not try to decide such matters from information you get from the Net.


It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them).

Where did you get this from? Because I learnt that they opposed the majority view on this matter.

Peace.

[shamson]

also on the subject of divorce their are more details about this and itz conditions in sahih bukhari - both the full and summerised version. It states that the Messenger SAW ordered ibn umar to take back his wife and keep her until the prescribed iddah period was over divorcing her after each of her menses etc.

[shamson]

Bro Faisal I would advise you to get some advice from your local Imam or Shaikh and not over the internet. This is a very serious matter and in cases such as these, each case should be considered individually. The circumstances of people may vary from case to case, and so a different ruling could then apply. The general rule is that three talaqs, pronounced in one, is sinful but binding and this is the view of the majority of the scholars. But ibn Taimiyyah says that it is counted as one divorce only. If a divorce is uttered in anger, then it is binding, but if his anger is such that he does not know what he is saying then it will not be binding. That is why, like I have said, such cases should be decided on their individual merits. You should consult a real 'alim and not try to decide such matters from information you get from the Net.



Where did you get this from? Because I learnt that they opposed the majority view on this matter.

Peace.

they did oppose it! majority said 3 in 1 = divorce and Ibn Taymiyyah = 3 in 1 :nono:

The ruling 3 in 1 came 3 years into the khalifat of Umar RA so before this point in time it was 1 = 1. This is what the Prophet SAW and Abu Bakr RA did during their time. Please look into the book of divorce in Bukhari and you can see hadiths relating to this.

[Treasured Soul]

yes it does count as one!

so they're not fully divorced? Islamically speaking?

But he said to her that she could remarry without having to get an islamic divorce ... so thats y the confusion on my part :confused:


Also, is there a limit to the Iddah period? I mean, the english divorce was issued about a year ago ... does he just issue the two remaining divorces or does he have to start over again?

[the_middle_road]

they did oppose it! majority said 3 in 1 = divorce and Ibn Taymiyyah = 3 in 1 :nono:

The ruling 3 in 1 came 3 years into the khalifat of Umar RA so before this point in time it was 1 = 1. This is what the Prophet SAW and Abu Bakr RA did during their time. Please look into the book of divorce in Bukhari and you can see hadiths relating to this.

Maybe I misunderstood you. The view of the majority is that the 3 divorces pronounced in one is regarded as three. The view of ibn Taimiyyah is that 3 divorces pronounced in one is regarded as one divorce only and not three. Is this correct?

Peace.

[shamson]

Maybe I misunderstood you. The view of the majority is that the 3 divorces pronounced in one is regarded as three. The view of ibn Taimiyyah is that 3 divorces pronounced in one is regarded as one divorce only and not three. Is this correct?

Peace.

yep:up:

[shamson]

so they're not fully divorced? Islamically speaking?

But he said to her that she could remarry without having to get an islamic divorce ... so thats y the confusion on my part :confused:


Also, is there a limit to the Iddah period? I mean, the english divorce was issued about a year ago ... does he just issue the two remaining divorces or does he have to start over again?

look i am not totally understanding what your saying but basically the IDDAH period for divorce is 3 menstral cycles of a woman. He says 1 talqa you wait a month then he says another, you wait another month, then he says the final one etc. if he takes you back after the two (after renewing your nikah i think) then later he wants a divorce again the process starts over.

[the_middle_road]

so they're not fully divorced? Islamically speaking?

But he said to her that she could remarry without having to get an islamic divorce ... so thats y the confusion on my part :confused:


Also, is there a limit to the Iddah period? I mean, the english divorce was issued about a year ago ... does he just issue the two remaining divorces or does he have to start over again?

A man doesn't have to give talaq three times for the divorce to be correct, he only needs to do so once. If he says talaq once, then the woman goes into 'iddah, during which time reconciliation is possible, and after that they are divorced. If they want to remarry, a new nikah is needed. But if he says talaq thrice then they cannot remarry, until she marries a new husband and is then divorced from him. But if she does this just so she can get back with the first husband, then this would be wrong and sinful.

Peace.

[Treasured Soul]

^^ Thanks for ur answers u two :)

I understand what your both on about but i was just wondering ... say he divorces her month 1 but doesnt do so for the next talaq i dont how many months, (perhaps never) but does the first one count towards the over all three?

also, if say she wants to marry someone else but he's only issued her with one divorce (not the full three) ... can she do so without her getting an Islamic divorce?

[`asiya]

so they're not fully divorced? Islamically speaking?

But he said to her that she could remarry without having to get an islamic divorce ... so thats y the confusion on my part :confused:


Also, is there a limit to the Iddah period? I mean, the english divorce was issued about a year ago ... does he just issue the two remaining divorces or does he have to start over again?

islamically to be divorced the husband has to say he releases u from the marriage or i divorce you, or something similar, only once that is enough.

some scolars say that if he signs a paper from the courts of the law of the land, saying that want to put through the divorce procedurces and they are completed in the law, and he signs that, then this is counted as him divorcing you.

after the 3 monthly cycles have passed, if the husband and wife have not have not have intercourse in that 3 months. then they are divorced. islamically the divorce has to be issued by the man, and should be witnessed by two muslim witnesses. That is, that it is made known that he has uttered the divorce, and that he is now divorced from his wife.

the divorce can be said once, and the iddah ( 3 monthly cycles) is spent stil living under the same roof, then if there is no intercourse between them, then they are divorced.

He can remarry her again if they agree, a second ( and a third time) with a new nikkah/contract of marriage, but after saying i divorce you, for the 3rd time, then he cannot return his wife back to him through intercourse, nor can he marry her again, unless she had married anther man and it didnt work out and they divorced.

but it is not permissible to marry a man and consumate with marriage with the intention of divorcing him and eturning back to the previous husband.


the issue of saying i divorce you 3 times, and does that count as one divorce, or three, depends on the circumstances of the mans utterance. ie: due to extreme anger temporary insanity and so on.


hope that helps make it clearer insha Allah ukhti.but for such matters everyone should go to a scolar and get the correct ruling for their own personal situation as other conditions and circumstances may apply.

Divorce and marriage is no joke in Islam, and one has to ensure it is all done corectly or they may find that they are not actually divorced, and are living in zinnah with a new husband.. audu billah.

[`asiya]

^^ Thanks for ur answers u two :)

I understand what your both on about but i was just wondering ... say he divorces her month 1 but doesnt do so for the next talaq i dont how many months, (perhaps never) but does the first one count towards the over all three?

also, if say she wants to marry someone else but he's only issued her with one divorce (not the full three) ... can she do so without her getting an Islamic divorce?


if a man says i divorce you to his wife, he lives with her still for 3 monthly cycles, if he does not have intercourse with her for 3 monthly cycles then they are divorced and she should move out of his house. divorce can be said only once.

[the_middle_road]

^^ Thanks for ur answers u two :)

I understand what your both on about but i was just wondering ... say he divorces her month 1 but doesnt do so for the next talaq i dont how many months, (perhaps never) but does the first one count towards the over all three?


Yes, as far as I know, it would.

[umm shuyookh]

if a man says i divorce you to his wife, he lives with her still for 3 monthly cycles, if he does not have intercourse with her for 3 monthly cycles then they are divorced and she should move out of his house. divorce can be said only once.

:jkk: ukhti for explaining it clearly in your last three posts['and bro middle path too]. I just want to add that there are two ways of ending the divorce during the iddah [in the first or second divorce], taking her back verbally or having intercourse with her. Allah knows best.

[umm shuyookh]

There is a difference of opinion on the issue of taking a divorced wife back by means of intimacy.

He had intercourse with his ex-wife during the ‘iddah without intending to take her back and she became pregnant

Question:
A husband had intercourse with his ex-wife two months after the court sentenced their divorce. She just went to him and they had intercourse, possibly she became pregnant then. Is this considered as if he took her back? Is this pregnancy legal islamically? .

Answer:
Praise be to Allaah.

The ‘iddah of a woman who has been revocably divorced lasts for three menstrual cycles if she menstruates, and three months if she is past the age of menopause or she is a minor who does not menstruate, because Allaah says (interpretation of the meaning):

“And divorced women shall wait (as regards their marriage) for three menstrual periods”

[al-Baqarah 2:228]

“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise, except in case of death]”

[al-Talaaq 65:4]

The husband may take his wife back during the ‘iddah, whether she agrees to that or not.

Taking the wife back is done by means of words indicating that, according to scholarly consensus, such as his saying “I take you back.”

But the fuqaha’ differed as to whether taking back is done by means of actions, such as intercourse and that which leads to it of touching and kissing. There are four opinions:

1 –

The Hanafis are of the view that taking back is done by means of intercourse and kissing with desire on any part of the body, and by touching even if it is through a barrier through which the heat of desire may be felt. They regarded all of that as an indication of taking back the wife, as if by having intercourse he has agreed for her to become his wife once again.

2 –

The Maalikis are of the view that taking back the wife by actions such as intercourse and the things that lead to it is valid, so long as the husband intends by means of these actions to take her back. If he kisses her or touches her with desire, or he looks at the site of intercourse with desire, or he has intercourse with her without intending to take her back, then the taking back by means of doing these things is not valid, and he has committed a haraam action.

3 –

The Shaafa’is are of the view that taking back is not valid unless done verbally, and it is not valid by means of actions at all, whether it is by means of intercourse and the things that lead to it and regardless of whether the action was accompanied by the intention to take her back or not.

4 –

The Hanbalis are of the view that taking back by means of intercourse is valid whether the husband intended to take her back or not. As for the things that lead to intercourse, they cannot be a means of taking her back, according to the correct view of this madhhab.

See: Tabyeen al-Haqaa’iq (2/251), Haashiyat Ibn ‘Aabideen (3/399), al-Kharshi ‘ala Khaleel (4/81), Haashiyat al-Bujayrimi (4/41), al-Insaaf (9/156) and Mataalib Ooli (5/480).

The most likely to be correct is the second view, that intercourse counts as taking the wife back if it is done with the intention of taking her back.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The second view is that intercourse does not count as taking her back unless there is the intention of taking her back, because simply having intercourse may be done by a man with a non-mahram woman, as in the case of zina. This man’s desire may have been provoked, or he may have seen her adorned and been unable to control himself, so he had intercourse with her, without intending or wanting to take her back as his wife and without having any intention of going back to her. According to this view, having intercourse does not count as taking her back unless there was the intention to do so. This is the correct view and it was the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) because intercourse may take place with the desire to take her back, so it is done with the intention of taking her back, or it may be simply intercourse as the result of desire, so it does not indicate that he is taking her back.

The correct view is that taking the wife back is not done merely by having intercourse, unless it is his intention to take her back, and he regards it as permissible on the basis that she is his wife. If that is the case, then it is taking her back, but according to this view, if he has intercourse with her without intending to take her back, and she has a child as the result of this intercourse, is it to be regarded as his child? The answer is yes, it is his child, because this case of intercourse is not clear-cut, and because she was his wife as her ‘iddah had not yet ended. So he is not subject to the hadd punishment for zina, rather he should be given a disciplinary punishment (ta’zeer). End quote from al-Sharh al-Mumti’ (13/189).

The fuqaha’ regarded it as mustahabb to bring witnesses to his taking back his wife, because Allaah says (interpretation of the meaning):

“Then when they are about to attain their term appointed, either take them back in a good manner or part with them in a good manner. And take as witness two just persons from among you (Muslims). And establish the testimony for Allaah. That will be an admonition given to him who believes in Allaah and the Last Day. And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)”

[al-Talaaq 65:2]

If a divorced woman refuses to have intercourse with her husband until his taking her back has been witnessed, some of the fuqaha’ regarded that as a sign of her being smart and mature. Al-Kharashi said in his Sharh ‘ala Mukhtasar Khaleel (4/87): If a man divorces his wife recovably [i.e., first or second talaaq], then he takes her back and wants to have intercourse with her, and she refuses to do that until after the taking-back has been witnessed, it is her right to do so, and it is indicative of her wisdom, and she is not being disobedient towards her husband, rather she will be rewarded for this refusal. End quote.

Secondly:

This husband has to repent to Allaah, may He be exalted, from having had intercourse with his divorced wife without intending to take her back, and he should acknowledge the child as his if pregnancy resulted from that. He should think again about the divorce, because it may be better for him to take his wife back and look after her and the child he has from her.

Thirdly:

If the matter is referred to the shar’i judge and he rules as he sees fit, then his ruling is binding on both partners, because the ruling of the qaadi overrides any difference of scholarly opinion.

As you are in a western country where there are no shar’i judges, we think that a man who has knowledge of Islam and fiqh should judge between you. [You can get in touch with such a person through an Islamic centre], and he may judge on the basis of what he knows of the rulings on this issue, and his ruling will be binding like that of a shar’i judge.

And Allaah knows best.

Islam Q&A

[miss-islamic]

hmm...

[Mullah_Din]

Sallam-Allah-Qum Brothers and Sisters

This is my first post on this forum (or any forum really). I have a very important question to ask which I hope someone can help.

I know someone who in anger and while really upset said talaq to his wife 3 times. He now regrets saying it and would like to undo the talaq, is this possible if so how. If not that what does he need to do, he is stil living with his wife and they both agree that the talaq was said in the wrong state of mind and that they want to fix it.

Any advice would be great. Many thanks

Faisal

Brother Faisal

Salaams,

I have read all the posts on thsi thread before giving you a very brief answer.

The Talaaq issued (in this case) is known as Talaq al-Bain.; which simply means IRREVOCABLE DIVORCE. To put it down bluntly, this could be likened to the "three strikes and you're out" policy.

There isn't really much now that can be done in relation to living together as husband and wife. (Apart from ...........which I do not see fit discussing here). However, if you do want to talk about it - you may call the Shari'ah Council (Birmingham) on 0121 706 1079 or alternatively, ring me on 07949 205 837.

Wassalaam Ma'al Ikraam,

Maulana Hafeezud Din
BIRMINGHAM, UK