The ruling on one who pronounces a revocable divorce, then the waiting period expires, and he wants to take her back
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This is a letter received from the questioner (A. M. H.), a Sudanese resident in the Kingdom. He says in his letter: It happened that I divorced my wife, and four months have passed since the divorce. I took my wife back with the same original bridal gift. The marriage officer told me: This is permissible because it is a revocable divorce. But I am in doubt about that. Please inform us, may Allah reward you?
Answer: If the divorce that occurred from you was only one or two pronouncements, and the taking back occurred during the waiting period by delaying until some of the menstruation had passed, so that you took her back before the third period, then the taking back is valid, and there is no need for a new marriage contract, nor for a bridal gift, but with these two conditions:
The first condition: That the divorce that occurred from you was less than three pronouncements, i.e., one or two.
The second condition: That she is in the waiting period at the time of the taking back. As for if three periods have passed for her, if she menstruates, then the taking back is not valid at that time. Likewise, if she does not menstruate, the taking back is not valid because more than three months have passed for her. The waiting period of one who does not menstruate, such as a post-menopausal woman or a young girl who does not menstruate, is three months by the explicit text of the Qur'an. So if the taking back from you is after three months and she does not menstruate, or after three periods if she menstruates, then the taking back is not valid. You must renew the marriage, and you must refrain from her, and you must repent and seek forgiveness. She must also repent, seek forgiveness, and feel remorse. You both must renew a Shari'ah marriage with a guardian, two witnesses, and her consent. As for if she does not consent, the marriage is not valid; her consent is necessary, and a guardian is necessary, who is the closest of the residuary male heirs, and two witnesses who are present at the contract. With this, she becomes lawful to you if the reality is as you described. In summary, if you divorced her with one or two pronouncements and she was in the waiting period without having menstruated three periods, then the taking back is valid. As for if she had menstruated ... three periods before your taking back, or if the divorce that occurred from you was the final third pronouncement, then the taking back is not valid. And success is from Allah.
The presenter: May Allah reward you.
Answer: If the divorce that occurred from you was only one or two pronouncements, and the taking back occurred during the waiting period by delaying until some of the menstruation had passed, so that you took her back before the third period, then the taking back is valid, and there is no need for a new marriage contract, nor for a bridal gift, but with these two conditions:
The first condition: That the divorce that occurred from you was less than three pronouncements, i.e., one or two.
The second condition: That she is in the waiting period at the time of the taking back. As for if three periods have passed for her, if she menstruates, then the taking back is not valid at that time. Likewise, if she does not menstruate, the taking back is not valid because more than three months have passed for her. The waiting period of one who does not menstruate, such as a post-menopausal woman or a young girl who does not menstruate, is three months by the explicit text of the Qur'an. So if the taking back from you is after three months and she does not menstruate, or after three periods if she menstruates, then the taking back is not valid. You must renew the marriage, and you must refrain from her, and you must repent and seek forgiveness. She must also repent, seek forgiveness, and feel remorse. You both must renew a Shari'ah marriage with a guardian, two witnesses, and her consent. As for if she does not consent, the marriage is not valid; her consent is necessary, and a guardian is necessary, who is the closest of the residuary male heirs, and two witnesses who are present at the contract. With this, she becomes lawful to you if the reality is as you described. In summary, if you divorced her with one or two pronouncements and she was in the waiting period without having menstruated three periods, then the taking back is valid. As for if she had menstruated ... three periods before your taking back, or if the divorce that occurred from you was the final third pronouncement, then the taking back is not valid. And success is from Allah.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.