The Ruling on Taking Back a Wife Divorced Once
Machine translationRead the Arabic original
Question:
The sister questioner also asks about a woman divorced once: What is the legal ruling regarding her return? And what are the conditions for a woman divorced once?
Answer:
If she was divorced once, and the divorce was not for compensation, she is a wife in the state of raj'i (revocable divorce). However, if the divorce was for compensation, it is a final divorce (ba'in) with no right of return. As long as she is in the waiting period ('iddah), she is a wife with the rights of wives, and her husband has the right to take her back during the waiting period. Allah the Exalted said regarding this:[Al-Baqarah 2:228], [Al-Baqarah 2:228], meaning during the waiting period. "Returning them" means taking them back. If the waiting period ends and he does not take her back, she is divorced from him. Yes.
The sister questioner also asks about a woman divorced once: What is the legal ruling regarding her return? And what are the conditions for a woman divorced once?
Answer:
If she was divorced once, and the divorce was not for compensation, she is a wife in the state of raj'i (revocable divorce). However, if the divorce was for compensation, it is a final divorce (ba'in) with no right of return. As long as she is in the waiting period ('iddah), she is a wife with the rights of wives, and her husband has the right to take her back during the waiting period. Allah the Exalted said regarding this:
And their husbands have more right to take them back
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّDivorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ
Source
نور على الدرب - الفوزان - 03/276 — archive.org (3:23)
The Arabic text is a machine transcription of the audio recording.
