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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on taking back a wife divorced with a revocable divorce after her waiting period has ended

Machine translationRead the Arabic original
A message was received for the program from one of the listening brothers, who says: Husayn al-Sudani: —His question is somewhat long and also confusing— He says: I sent a message to my brother that the wife is divorced, and my brother did not know that she was divorced until after a correspondence between us that lasted ten months. After that, my brother insisted that I take her back. After all this time, and she was with him in the house and did not know, I initiated a message containing my consent to her return. He then said to my wife: "You were divorced, and praise be to Allah, I have taken you back to your husband." I ask you to issue a ruling for me, may Allah reward you with good, because some people say that this is not a divorce, and I now want to inquire so that I may live a healthy life? May Allah reward you with good.
Answer: If the divorce was a single pronouncement and there were not two pronouncements before it, then one pronouncement of divorce takes effect on her, and you may take her back as long as she is in the waiting period. If she has exited the waiting period before you took her back, then a new contract is necessary... a new contract. The period you mentioned is long, and it appears that she has exited the waiting period, because the waiting period is three menstrual cycles, so taking her back after ten months makes it unlikely that it coincides with the waiting period; because it is the norm that a woman sees menstruation every month, so she would have exited the waiting period after three months, and taking her back would not be in its proper place. You must renew a new contract between you and her if she desires you. It is possible for you to contact the mufti in the country and explain the case to him, you and the woman and her guardian, so that what is required in your rights is carried out, because details are necessary and she must be asked when her waiting period ended and when the taking back from you occurred. So the matter requires attention from the mufti in your area or the court, and we ask Allah for guidance and success for everyone.
The presenter: Amen. May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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