Ruling on taking back a divorced wife after five months have passed
Machine translationRead the Arabic original
Question:
This is a question from the listener Ibrahim Bayumi Surur, from the Arab Republic of Egypt. He says: I am a married man, and a problem occurred with my wife, so I said to her: "I divorce you, you are not my wife from this moment." Then I traveled, and after five months had passed, my mother sent me a message informing me that she had brought my wife back to the house.
Knowing that it is her father who wants to divorce her, is it valid for me to take her back without a new contract, or is it necessary to renew the contract?
Answer:
If the divorce mentioned is the first or second divorce, there is no harm in taking her back during the waiting period, as long as she is in the waiting period before three menstrual cycles have passed for her. If three menstrual cycles have passed before the taking back, she is separated by a minor separation, and only a new contract can make her lawful again.
As for if this divorce is the last of the three, you cannot take her back until she marries another husband, until she marries a husband other than you; for the saying of Allah, the Exalted: [al-Baqarah: 230].
So the situation requires detail, and perhaps the questioner has understood what we mentioned. If the divorce mentioned is the first or second, there is no obstacle to taking the wife back as long as she is in the waiting period, provided that three menstrual cycles have not passed for her if she menstruates, or three months if she does not menstruate, such as an elderly woman who has stopped menstruating or a young girl who has not yet started, for her waiting period is three months. And he may bring her back after the waiting period with a new contract, meaning: with a new marriage, and a new bridal gift, if the divorce that occurred is the first or second.
As for if the divorce that occurred is the third, it makes her forbidden to him conditionally upon her marriage to another person, and he must have intercourse with her, then he must separate from her by death or divorce. But the marriage must also be lawful; the new marriage must be lawful. If a man marries her to make her lawful, it is not permissible and she does not become lawful. It is necessary that the husband who marries her after the third divorce is a lawful husband who desired her if she suited him, and did not intend to make her lawful for the previous husband. It is also necessary that he has intercourse with her; if he divorces her or dies before having intercourse with her, she does not become lawful for the first husband.
And what was mentioned earlier must be considered: if the divorce occurred during a period of purity in which he had intercourse with her, or during menstruation or post-natal bleeding, it did not occur according to the correct opinion. But if he divorced her while she was pregnant, or during a period of purity in which he did not have intercourse with her, then the divorce occurs, whether it is the first, second, or third. Yes.
The presenter: He says that his mother took her back after five months had passed. So this means, if she is one of those who do not menstruate, she has exited the waiting period.
The Shaykh: If it was after five months, yes, she has exited the waiting period without doubt, certainly. As for the one who menstruates, it is possible that three menstrual cycles have passed for her, which is the usual case, and it is possible that the third menstrual cycle has not passed for her, because some menstruation may be delayed; some women’s menstruation may be delayed for several months or a year. If her menstruation was delayed, or the third menstrual cycle was delayed after the five months, then he may take her back if he wishes. Yes.
The presenter: And so, the criterion is menstruation, not the passage of months or the number of months?
The Shaykh: Yes, if she menstruates, the criterion is menstruation.
The presenter: If she menstruates.
The Shaykh: The criterion is menstruation, yes.
The presenter: May Allah reward you with the best reward.
This is a question from the listener Ibrahim Bayumi Surur, from the Arab Republic of Egypt. He says: I am a married man, and a problem occurred with my wife, so I said to her: "I divorce you, you are not my wife from this moment." Then I traveled, and after five months had passed, my mother sent me a message informing me that she had brought my wife back to the house.
Knowing that it is her father who wants to divorce her, is it valid for me to take her back without a new contract, or is it necessary to renew the contract?
Answer:
If the divorce mentioned is the first or second divorce, there is no harm in taking her back during the waiting period, as long as she is in the waiting period before three menstrual cycles have passed for her. If three menstrual cycles have passed before the taking back, she is separated by a minor separation, and only a new contract can make her lawful again.
As for if this divorce is the last of the three, you cannot take her back until she marries another husband, until she marries a husband other than you; for the saying of Allah, the Exalted:
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him
فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُSo the situation requires detail, and perhaps the questioner has understood what we mentioned. If the divorce mentioned is the first or second, there is no obstacle to taking the wife back as long as she is in the waiting period, provided that three menstrual cycles have not passed for her if she menstruates, or three months if she does not menstruate, such as an elderly woman who has stopped menstruating or a young girl who has not yet started, for her waiting period is three months. And he may bring her back after the waiting period with a new contract, meaning: with a new marriage, and a new bridal gift, if the divorce that occurred is the first or second.
As for if the divorce that occurred is the third, it makes her forbidden to him conditionally upon her marriage to another person, and he must have intercourse with her, then he must separate from her by death or divorce. But the marriage must also be lawful; the new marriage must be lawful. If a man marries her to make her lawful, it is not permissible and she does not become lawful. It is necessary that the husband who marries her after the third divorce is a lawful husband who desired her if she suited him, and did not intend to make her lawful for the previous husband. It is also necessary that he has intercourse with her; if he divorces her or dies before having intercourse with her, she does not become lawful for the first husband.
And what was mentioned earlier must be considered: if the divorce occurred during a period of purity in which he had intercourse with her, or during menstruation or post-natal bleeding, it did not occur according to the correct opinion. But if he divorced her while she was pregnant, or during a period of purity in which he did not have intercourse with her, then the divorce occurs, whether it is the first, second, or third. Yes.
The presenter: He says that his mother took her back after five months had passed. So this means, if she is one of those who do not menstruate, she has exited the waiting period.
The Shaykh: If it was after five months, yes, she has exited the waiting period without doubt, certainly. As for the one who menstruates, it is possible that three menstrual cycles have passed for her, which is the usual case, and it is possible that the third menstrual cycle has not passed for her, because some menstruation may be delayed; some women’s menstruation may be delayed for several months or a year. If her menstruation was delayed, or the third menstrual cycle was delayed after the five months, then he may take her back if he wishes. Yes.
The presenter: And so, the criterion is menstruation, not the passage of months or the number of months?
The Shaykh: Yes, if she menstruates, the criterion is menstruation.
The presenter: If she menstruates.
The Shaykh: The criterion is menstruation, yes.
The presenter: May Allah reward you with the best reward.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.