Retraction after giving two Talaaqs
Category:
Marriage & Divorce
According to Madhhab:
Hanafi
Reference:
1441-008
Question:
If a person
said to his wife two clear tallaaqs in one gathering, if he takes her back
before her iddat ends, must he make nikah first?
If the iddat ends, then must he make nikah again?
Answer:
In the enquired instance, two Talaq-e-Raja’ee will occur and the husband will hold a right to take her back within Iddah without remarrying her; however, if the Iddah has lapsed, he will have to remarry her with her consent in order to take her back in his Nikaah. (Fataawa Mahmudiyyah Vol. 12 Pg. 145)
Additionally, in the case of revocable divorce (Talaq-e-Raja’ee), one can take her back by a clear statement of taking her back or by being intimate with her.
Note: the aforementioned ruling is with regards to a person who spent some time in privacy with his wife or had intercourse with her after marriage. Also, he did not pronounce any other talaq prior to these two.
AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Sohel Lala
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date:4 Muharram 1441
English Date: 04 September 2019