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Is there some option to rejoin his wife?

Mu' meneen Brothers and Sisters,

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:

If some one gives two talaqs to his wife one by one after one month each & third talaq is not given. Is there some option to rejoin his wife? What is the status of first nikah, is it deleted?

 

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Answer:

 

One gives two divorces

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.

 

To protect the rights of the wife, Allah Subhanah has Decreed and Prescribed that in any one marriage, a husband may only pronounce and revoke a divorce upon his wife for an absolute maximum of two times; if perchance the husband were to pronounce a third divorce in the same marriage, then that pronouncement of divorce would be absolutely irrevocable and the same couple can never ever legally remarry each other again, unless and until the ex-wife were to marry a new husband, and the new husband, of his own free will and choice were to perchance divorce her, or he dies.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 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 (if it is the wife who initiates the divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons are the wrong-doers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229 (part):

231 When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.

 

Thus the husband in every marriage in Islam has three divorce rights, the first two of which are revocable, and the third is absolutely irrevocable.

 

If the husband were to pronounce the first and/or the second divorce to his wife in the marriage, the wife is commanded by Shariah Law to observe an ‘iddah’ or a waiting period of three menstruations. If before the expiration of the ‘iddah’ period, the husband wishes to revoke the divorce, he is well within his rights to do. But if the ‘iddah’ period of three menstruation period expires, the divorce will be deemed established in the Sight of Shariah Law, the husband and the wife become non-mehrams to each other, and the wife is absolutely free to marry anyone she wills and pleases after her waiting period or ‘iddah’.

 

If the ‘iddah’ or waiting period of divorce expires, and the couple wish to remarry each other again, they are at liberty to do so, but a brand new ‘nikaah’ or marriage between the couple must be performed.

 

We reiterate again that only the first and/or the second pronouncement of divorce is revocable in Shariah, whereby the same couple can remarry again; at the very pronouncement of the third divorce, the couple will be deemed irrevocably divorced and the two of them can never ever remarry again unless and until the ex-wife were to marry a new husband, and the new husband, of his own free will and choice were to perchance divorce her, or he dies.

 

Your Question: If some one gives two talaqs to his wife one by one after one month each & third talaq is not given.Is there some option to rejoin his wife?

If the husband were to pronounce two divorces to his wife, there is indeed an option for the couple to unite again because the first two divorce pronouncements in any marriage are revocable in Shariah.

 

If after the declaration of the second divorce, and before the expiration of the wife’s waiting period or ‘iddah’ the husband wishes to revoke the divorce, he is well within his rights to do so.

 

But if the wife’s ‘iddah’ or waiting period of divorce has elapsed and the couple wish to reunite again, a brand new ‘nikaah’ with a brand new ‘mehr’ must be performed between the couple…..in such a situation, the husband would have deemed to have utilized his two rights of revocable divorce in the marriage; and Allah forbid, if the husband were to pronounce another divorce upon his wife, that divorce would be absolutely irrevocable.

 

Your Question: What is the status of first nikah,is it deleted?

If after the declaration of the second divorce and before the expiration of the wife’s ‘iddah’, the husband revokes the divorce and takes his wife back….the original or first ‘nikaah’ between the couple would suffice for them to live together as a married couple.

 

But if the ‘iddah’ period has elapsed and the couple then wish to remarry again, the first ‘nikaah’ would be cancelled and a brand new ‘nikaah’ between the couple would have to be performed for them to live together as a married couple again.

 

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

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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