Is taking back a wife during the waiting period compulsory for the woman, or is her consent required?
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The second question of Fatwa No. ( 1685 )
Q2: (E.B.) wrote a letter to his wife stating the following: Yes, I, (E.F.B.), have divorced my wife (E.M.B.) with a divorce in accordance with the Sunnah, then he handed the letter to the wife, and he wants to take her back. Is the taking back obligatory upon the woman without her consent, or does it depend on her consent? And are there conditions for taking her back? Please issue a ruling for us.
A2: If the situation is as described, and the aforementioned man divorced his wife with a divorce in accordance with the Sunnah, he may take her back as long as she is in the waiting period, with the testimony of two just witnesses, whether she consents or not, provided that this divorce was not the third of three divorces, or was not for compensation. If she has exited her waiting period, or if it was for compensation and not the third of three divorces, he may return to her with a new contract and a new bridal gift, with her consent. In both cases, what occurred is considered one divorce. If this divorce was the third of three divorces, she is not lawful for him until she marries another husband in a lawful marriage and he has intercourse with her. If the second husband divorces her or dies, she becomes lawful for her first husband after the completion of her waiting period, with a new contract and a new bridal gift, with her consent. The waiting period of a pregnant woman is the delivery of her child, whether she is divorced or her husband has died. The waiting period of a non-pregnant woman whose husband has died is four months and ten days. As for a divorced woman, her waiting period is three menstrual cycles if she is of those who menstruate, and three months if she is past the age of menstruation or a young girl who has not yet menstruated. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
with a new contract and a new mahr with her consent. In both cases, what occurred from him is considered one divorce. If this divorce was the last of three divorces, she is not lawful for him until he marries another husband, a lawful marriage, and has intercourse with her. If the second husband divorces her or dies, she becomes lawful for her first husband after the completion of her waiting period with a new contract and a new mahr with her consent. The waiting period of a pregnant woman is the delivery of her child, whether she is divorced or her husband has died. The waiting period of a non-pregnant woman whose husband has died is four months and ten days. As for if she is divorced, her waiting period is three menstrual cycles if she is of those who menstruate, and three months if she is past the age of menstruation or a young girl who has not yet menstruated. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: (E.B.) wrote a letter to his wife stating the following: Yes, I, (E.F.B.), have divorced my wife (E.M.B.) with a divorce in accordance with the Sunnah, then he handed the letter to the wife, and he wants to take her back. Is the taking back obligatory upon the woman without her consent, or does it depend on her consent? And are there conditions for taking her back? Please issue a ruling for us.
A2: If the situation is as described, and the aforementioned man divorced his wife with a divorce in accordance with the Sunnah, he may take her back as long as she is in the waiting period, with the testimony of two just witnesses, whether she consents or not, provided that this divorce was not the third of three divorces, or was not for compensation. If she has exited her waiting period, or if it was for compensation and not the third of three divorces, he may return to her with a new contract and a new bridal gift, with her consent. In both cases, what occurred is considered one divorce. If this divorce was the third of three divorces, she is not lawful for him until she marries another husband in a lawful marriage and he has intercourse with her. If the second husband divorces her or dies, she becomes lawful for her first husband after the completion of her waiting period, with a new contract and a new bridal gift, with her consent. The waiting period of a pregnant woman is the delivery of her child, whether she is divorced or her husband has died. The waiting period of a non-pregnant woman whose husband has died is four months and ten days. As for a divorced woman, her waiting period is three menstrual cycles if she is of those who menstruate, and three months if she is past the age of menstruation or a young girl who has not yet menstruated. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
with a new contract and a new mahr with her consent. In both cases, what occurred from him is considered one divorce. If this divorce was the last of three divorces, she is not lawful for him until he marries another husband, a lawful marriage, and has intercourse with her. If the second husband divorces her or dies, she becomes lawful for her first husband after the completion of her waiting period with a new contract and a new mahr with her consent. The waiting period of a pregnant woman is the delivery of her child, whether she is divorced or her husband has died. The waiting period of a non-pregnant woman whose husband has died is four months and ten days. As for if she is divorced, her waiting period is three menstrual cycles if she is of those who menstruate, and three months if she is past the age of menstruation or a young girl who has not yet menstruated. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.