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Getting back during iddah of khula: Ibn Katheer (may Allaah have mercy on him) said: There is unanimous agreement that the man who has divorced his wife by khula may take her back during the iddah. [Tafseer Ibn Katheer, 1/277]

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)




One of our brothers/sisters has asked this question:

Assalaam aleikum, wa rahmatullahi wa barakatu, If a man and woman are divorced by means of khula, and they wish to get back together during the iddah. Do they have to make a new marriage contract (nikkah) or does the old one still count and can the husband just give back the mahr? I came across the following, but couldn not find any hadith that supports it, so that's why I am asking. Ibn Katheer (may Allaah have mercy on him) said: There is unanimous agreement that the man who has divorced his wife by khula may take her back during the iddah. [Tafseer Ibn Katheer, 1/277] Djazak allahu ghayr, Wa aleikum salaam.

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Answer:

Khula and take back

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229: 

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

If it was the husband who initiated the divorce, and the divorce itself was the first or the second divorce in the marriage, then indeed the husband has the right to revoke the divorce given during the 'iddah' or waiting period.

But because the divorce was initiated by the wife through 'khula', the husband does not have the right to revoke a 'khula' divorce.  If the same couple wish to remarry again after a 'khula' divorce, a brand new nikaah with a brand new 'mehr' has to be established for the couple to live as a married couple again.  There is absolutely no restriction in Shariah Law when this new nikaah between the same parties can be performed: if one wishes one may perform the new 'nikaah' during the 'iddah' period, or after it expires.

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

Your brothers and well wishers in Islam,

 

Members of Islamhelpline

 


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