Talaq Ba in: I am a second wife and my husband gave me a divorce because his first wife pressurized him to give it . He gave me a talaaq ba in . Can he take me back in the idaat period ?

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I am a second wife and my husband gave me a divorce because his first wife pressurized him to give it. He gave me a talaaq ba in. Can he take me back in the idaat period?

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Answer:

Talaq Ba in

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 229-230:

229    A (revocable) 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).

230    So if a husband divorces his wife (irrevocably for the third time) he cannot after that remarry her until after she has married another husband and he has divorced her.  In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah.  Such are the limits ordained by Allah which He makes plain to those who understand.

A divorce in Shariah Law is of two types:

a. Talaq-Raji (one which is revocable)

b. Talaq-Baayin (one which is irrevocable)

Ref: Talaq-Raji:

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

229    A divorce (revocable) is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.

Shariah Law has allowed the husband to pronounce three divorces in any one marriage; the first two of which are revocable (Raji), but if Allah forbid the husband were to declare divorce for a third time, it would constitute an absolutely irrevocable divorce (Baayin).

Ref: Talaq-Baayin:

Talaq-Baayin or the irrevocable divorce can be further categorized into three types:

Small: like a ‘khula’ when the wife initiates the divorce in a Shariah Court of Law and the Judge grants the wife the divorce she seeks.  In a ‘khula’ divorce, the husband has no right to revoke the divorce; although the couple are at liberty to re-marry each other again with a brand new Nikaah and a new ‘Mehr’ determination.

Large: If the husband declares divorce unto his wife for the third time in one marriage, it will constitute an irrevocable divorce and the same couple can never ever remarry each other again unless the wife happens to marry another husband, and her new husband, of his own free will, happens to divorce her or he dies.

Largest: When the husband and the wife take the oaths of ‘Lian’ as prescribed by the Quran. When this happens, it is absolutely prohibited for the same couple to ever remarry each other again.

Your Question: I am a second wife and my husband gave me a divorce because his first wife pressurized him to give it .

Sahih Al-Bukhari Hadith 8.598       Narrated by Abu Huraira

Allah's Messenger (saws) said, "No woman should ask for the divorce of her sister (Muslim) so as to take her place, but she should marry the man (without compelling him to divorce his other wife), for she will have nothing but what Allah has written for her."

The first wife did not display piety and righteousness in demanding or pressuring her husband to divorce his other wife, nor did the husband display piety and righteousness by submitting to the unlawful pressure of his first wife. 

Your Question: He gave me a talaaq ba in . Can he take me back in the idaat period?

If your husband has pronounced a divorce unto you for either the first or the second time, then it would be considered a 'talaq-raji' or revocable divorce; and the husband is well within his rights to revoke the divorce and take you back as his wife before the expiration of the 'iddah' or waiting period.

But if your husband pronounced divorce unto you for a third time, then indeed it would be considered an irrevocable divorce (talaq baayin), and the husband has no right to revoke the divorce 'baayin' and take you back, unless you happen to marry another person and your new husband happens to divorce you or he dies.

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

Your brother and well wisher in Islam,

 

Burhan