There are customs among us, namely that a man takes back his wife after a revocable divorce, after the waiting period has passed, without a mahr and without a contract?
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The questioner:
There are customs among us, namely that a man takes back his wife after a revocable divorce, after the waiting period has passed, without a mahr and without a new contract. What is the ruling on this taking back?
The Shaykh:
A woman whose divorce is revocable, or a woman divorced revocably, is one who was divorced less than three times; she was divorced less than the three divorces without compensation. This is called revocable, meaning that her husband has the right to take her back and return her to his protection as long as she is in the waiting period, by the saying of Allah the Exalted:[Al-Baqarah 2:228].
The saying of Allah the Exalted:[At-Talaq 65:1], means that a person may divorce in a state of anger or in a state of, uh, desire to be rid of the woman, and then afterwards he regrets it and takes her back if he is able to do so, because the divorce accepts taking back while she is in the waiting period. This is among the blessings of Allah, Glorified and Exalted is He, upon His servants, that He prescribed for them this waiting period and gave them the opportunity to take her back in it, in order to remove the regret and in order to preserve the marriage, which is a meaning that is possible. So as long as she is in the waiting period, and her divorce is less than three, and he did not take compensation from her, then she is revocable. But if she exits the waiting period and he did not take her back, and her divorce is less than three, then he takes her back with a new contract. It is permissible for him to take her back with a new contract, because when the waiting period is completed, the woman is separated from him by a minor separation. He is able to contract with her a new contract. Yes.
The questioner:
May Allah reward you with good. And if Shaykh Salih (may Allah preserve him) took back his wife after the waiting period ended and did not pay a new mahr, what is the ruling on this marriage?
The Shaykh:
This marriage is not valid; because the taking back is only valid during the waiting period. So if he takes her back after the waiting period, this taking back is not valid, and the woman is separated from him and does not become lawful for him except with a new contract.
The questioner:
And what is the ruling on the children who are born after that?
The Shaykh:
If he took her back after the waiting period and had intercourse with her, then the children are attributed to him, because this is intercourse based on doubt. But this intercourse is not valid and is without right. But he thought she was lawful for him, so he did not doubt her, he did not intend, he did not intend the risk. Yes. May Allah reward you with good.
There are customs among us, namely that a man takes back his wife after a revocable divorce, after the waiting period has passed, without a mahr and without a new contract. What is the ruling on this taking back?
The Shaykh:
A woman whose divorce is revocable, or a woman divorced revocably, is one who was divorced less than three times; she was divorced less than the three divorces without compensation. This is called revocable, meaning that her husband has the right to take her back and return her to his protection as long as she is in the waiting period, by the saying of Allah the Exalted:
And their husbands have more right to take them back in this [period] if they want reconciliation.
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًاThe saying of Allah the Exalted:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًاThe questioner:
May Allah reward you with good. And if Shaykh Salih (may Allah preserve him) took back his wife after the waiting period ended and did not pay a new mahr, what is the ruling on this marriage?
The Shaykh:
This marriage is not valid; because the taking back is only valid during the waiting period. So if he takes her back after the waiting period, this taking back is not valid, and the woman is separated from him and does not become lawful for him except with a new contract.
The questioner:
And what is the ruling on the children who are born after that?
The Shaykh:
If he took her back after the waiting period and had intercourse with her, then the children are attributed to him, because this is intercourse based on doubt. But this intercourse is not valid and is without right. But he thought she was lawful for him, so he did not doubt her, he did not intend, he did not intend the risk. Yes. May Allah reward you with good.
Source
قناة «العلامة الدكتور صالح الفوزان»، هناك عادات موجودة عندنا وذلكم أن الرجل يرد زوجته بعد الطلاق الرجعي بعد فوات العدة وبدون مهر ولا عقد؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.