I divorced my wife with one divorce, and after three months and twenty days I took her back. After she returned to me, she became pregnant and gave birth to a son. I hope from Allah, and then from your excellence, that you will inform me...
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The questioner : This is a listener to the program who has coded his name with the letters H-M. He says: I divorced my wife with one divorce, and after three months and twenty days I took her back. After she returned to me, she became pregnant and gave birth to a son. I hope from Allah, and then from your excellence, that you will inform me what expiation is incumbent upon me. If an expiation is incumbent upon me, is it permissible for me to pay it in cash from my personal wealth, given that I do not know any poor people who are entitled to it? I hope your excellence will guide me to the correct path, may you be rewarded?
The Shaykh : There is no expiation for this action. However, it must be examined whether this man took her back before the completion of the waiting period. If so, the taking back is valid. This is because a woman may pass through three months and ten days, or more, and still be in her waiting period, because the waiting period for a woman who menstruates is three menstrual cycles, and three cycles may not occur within three months. Some women do not menstruate until after two months, so their waiting period is not completed until six months have passed. As for if the taking back was after the completion of the waiting period, meaning after she had menstruated three times, then this taking back is not valid. This is because when a woman’s waiting period is completed, she becomes a stranger to her husband and is not lawful for him except with a new contract. If that is the case, meaning her waiting period ended before he took her back, then he must contract with her anew. In fact, he must contract with her, and we do not say "a new contract" because this contract is an independent contract.
The important point is to tell him: if your taking her back was after three months and ten days, before she had menstruated three times, then she is your wife now and the taking back is valid. If your taking her back was after the completion of her waiting period, then the taking back is not valid, and the woman is not your wife now. You must contract with her anew with witnesses, a bridal gift, and a guardian. Yes.
The questioner : May Allah bless you.
The Shaykh : There is no expiation for this action. However, it must be examined whether this man took her back before the completion of the waiting period. If so, the taking back is valid. This is because a woman may pass through three months and ten days, or more, and still be in her waiting period, because the waiting period for a woman who menstruates is three menstrual cycles, and three cycles may not occur within three months. Some women do not menstruate until after two months, so their waiting period is not completed until six months have passed. As for if the taking back was after the completion of the waiting period, meaning after she had menstruated three times, then this taking back is not valid. This is because when a woman’s waiting period is completed, she becomes a stranger to her husband and is not lawful for him except with a new contract. If that is the case, meaning her waiting period ended before he took her back, then he must contract with her anew. In fact, he must contract with her, and we do not say "a new contract" because this contract is an independent contract.
The important point is to tell him: if your taking her back was after three months and ten days, before she had menstruated three times, then she is your wife now and the taking back is valid. If your taking her back was after the completion of her waiting period, then the taking back is not valid, and the woman is not your wife now. You must contract with her anew with witnesses, a bridal gift, and a guardian. Yes.
The questioner : May Allah bless you.