He says: I am a married man, and one day a discussion took place between me and my wife, and my brother was present with us. I became angry with her and said, “I divorce you.” My brother said, “She is taken back,” and I said, “No, she is not taken back except after a year.”

The questioner : He says: I am a married man, and one day a discussion took place between me and my wife, and my brother was present with us. I became angry with her and said, “I divorce you.” My brother said, “She is taken back,” and I said, “No, she is not taken back except after a year.” Does a divorce take place in such a case? Some people say that if the husband says, “She is divorced,” and someone present says, “She is taken back,” then she is considered taken back. Is this correct? And what must I do now? Please inform us. May Allah reward you with good.

The Shaykh : Since you have divorced your wife, no one has the right to take her back to you except you alone. The divorce is yours, and the taking back is yours. Your brother’s statement that she is taken back does not establish the taking back. Even if it were said by someone closer to you than your brother, such as your father or your son, for example, that would not be considered a taking back. The taking back is yours alone. Accordingly, since you told your wife that she is divorced, she is divorced. Now, if she is still in the waiting period and the divorce is revocable, it is possible for you to take her back. You can say, “I have taken back my wife,” or address her by saying, “I have taken you back,” or “I have returned you,” or something similar that implies the taking back. If she is not in your presence, you should have two Muslim men witness this. Even if she is in your presence and there is someone around her whom you can have as a witness, that is better so that the matter is clear and distinct, as Allah the Exalted said: .
As for if her waiting period has ended before you took her back, then she is not lawful for you except with a new contract, as if you were proposing to her now. It is necessary that her guardian contracts the marriage for you and that the remaining conditions considered in marriage are fulfilled. However, if you had divorced her twice before this time, then she is not lawful for you except after another husband, as Allah the Exalted said: Then He said: meaning: the third time .

The questioner : .

The Shaykh : meaning: the second husband. meaning: upon the first husband and the woman that they should take each other back.

The questioner : May Allah bless you. These are two questions sent by the listening sister Najmah 'Abd Allah from Iraq, al-Ta'mim Governorate.