The ruling on one who divorces his wife, and a person says: She is taken back, while the divorcer remains silent
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This is a letter we received from (M. D. A.), a Sudanese national residing in the Badr area near al-Madinah al-Munawwarah. He says: If a man divorces his wife with a single divorce, and during the divorce some of the brothers were present with them, and this man who was present with them said: She is taken back, but the man and the woman remained silent and did not speak, what is the ruling? Is this a taking back or not?
Answer: ... It does not count as a taking back, as long as the divorcer did not say anything. If he divorced her with a single divorce or two, he has the right to take her back if he has had intercourse with her ... if he has cohabited with her or had intercourse with her after the marriage contract. If he divorced her once or twice, he has the right to take her back as long as she is in the waiting period, before she menstruates three times if she menstruates, and before three months have passed over her if she does not menstruate, such as an old woman or a young girl. If he takes her back during the waiting period before she menstruates three times, or before three months have passed over her if she does not menstruate ..... The correct statement is: I have taken back my wife, or I have kept her, or I am taking her back. If he says that, the taking back is complete if she is in the waiting period. The Sunnah is to bear witness to that; the Sunnah is to have two witnesses to the taking back. As for the statement of the person present that she is taken back, while the divorcer is silent, that does not benefit. However, if he divorced her with the final third divorce, there is no taking back for her after that.
The presenter: May Allah reward you.
Answer: ... It does not count as a taking back, as long as the divorcer did not say anything. If he divorced her with a single divorce or two, he has the right to take her back if he has had intercourse with her ... if he has cohabited with her or had intercourse with her after the marriage contract. If he divorced her once or twice, he has the right to take her back as long as she is in the waiting period, before she menstruates three times if she menstruates, and before three months have passed over her if she does not menstruate, such as an old woman or a young girl. If he takes her back during the waiting period before she menstruates three times, or before three months have passed over her if she does not menstruate ..... The correct statement is: I have taken back my wife, or I have kept her, or I am taking her back. If he says that, the taking back is complete if she is in the waiting period. The Sunnah is to bear witness to that; the Sunnah is to have two witnesses to the taking back. As for the statement of the person present that she is taken back, while the divorcer is silent, that does not benefit. However, if he divorced her with the final third divorce, there is no taking back for her after that.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
