Divorced his wife while she was pregnant, so how does he take her back?
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Question:
The listener Naif from Yemen, from Lahs, sent a case summarized as follows: He has a sister who was divorced by her husband with one pronouncement of divorce while she was forty days pregnant. At that time, the husband regretted it intensely and wants to take her back, and she wants to return to him. He asks about the method of returning and whether a new mahr (bridal gift) and contract are required, knowing that the divorce was a single pronouncement, as I mentioned before? May Allah reward you with good.
Answer:
If the divorce was a single pronouncement and no prior divorce had completed the three, and she has not delivered her pregnancy, meaning she is still pregnant, then he may take her back. He may take her back because she is still in the 'iddah (waiting period). Allah the Exalted says:[Al-Baqarah 2:228] As long as she is in the 'iddah and the pregnancy remains, and he did not divorce her with a final divorce, he may take her back.
The listener Naif from Yemen, from Lahs, sent a case summarized as follows: He has a sister who was divorced by her husband with one pronouncement of divorce while she was forty days pregnant. At that time, the husband regretted it intensely and wants to take her back, and she wants to return to him. He asks about the method of returning and whether a new mahr (bridal gift) and contract are required, knowing that the divorce was a single pronouncement, as I mentioned before? May Allah reward you with good.
Answer:
If the divorce was a single pronouncement and no prior divorce had completed the three, and she has not delivered her pregnancy, meaning she is still pregnant, then he may take her back. He may take her back because she is still in the 'iddah (waiting period). Allah the Exalted says:
And their husbands have more right to take them back in this [period] if they want reconciliation.
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا
Source
قناة «العلامة الدكتور صالح الفوزان»، 4838- طلق زوجته في حملها فكيف يردها؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
