The Difference Between Ba'in Divorce and Raj'i Divorce
Machine translationRead the Arabic original
The questioner:
May Allah reward you. This questioner asks: What is the difference between ba'in and raj'i?
The Shaykh:
The raj'i divorce is one where he has the right to take her back as long as she is in the waiting period ('iddah). He returns her to his marriage bond, and the one or two divorces he has pronounced are counted, while the remaining number of divorces is preserved. As for the ba'in divorce, he has no way to take her back; he does not have the right to remarry her until she marries another husband.
The presenter:
May Allah reward you? This is a question.
The Shaykh:
In the case of a revocable divorce, he has the right to take her back during the waiting period. If the waiting period ends, he has the right to contract a new marriage with her. As for the final divorce, he cannot take her back, nor can he contract a new marriage with her.[Al-Baqarah 2:230] Yes.
May Allah reward you. This questioner asks: What is the difference between ba'in and raj'i?
The Shaykh:
The raj'i divorce is one where he has the right to take her back as long as she is in the waiting period ('iddah). He returns her to his marriage bond, and the one or two divorces he has pronounced are counted, while the remaining number of divorces is preserved. As for the ba'in divorce, he has no way to take her back; he does not have the right to remarry her until she marries another husband.
The presenter:
May Allah reward you? This is a question.
The Shaykh:
In the case of a revocable divorce, he has the right to take her back during the waiting period. If the waiting period ends, he has the right to contract a new marriage with her. As for the final divorce, he cannot take her back, nor can he contract a new marriage with her.
until [after] she marries a husband other than him. And if the latter husband divorces her
حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ فَإِن طَلَّقَهَا
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/119 شرح زاد المستقنع/ صالح الفوزان — youtube.com (44:48)
The Arabic text is a machine transcription of the audio recording.