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 a person has pronounced one talaaq and after some time realized that he has done wrong can he take back his words of saying one talaaq?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Divorce one Talaaq

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) 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 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. 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).

Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

If one has pronounced divorce on his wife only once (or twice), and within the stipulated and prescribed waiting period of ‘iddah’ changes his mind and wishes to remain married with the woman, it is absolutely lawful in Islam to do so. All the person has to do is either conjugate with his wife, or simply declare that he wishes to take her back and the couple can remain husband and wife in the sacred bond of marriage for the rest of their lives.

If the husband pronounces one (or two) divorce upon his wife and the prescribed waiting period of ‘iddah’ has elapsed before he intends to revoke his divorce, a brand new nikaah with a brand new mehr has be to performed between the husband and the wife and they may live as husband and wife for the rest of their lives; but one (or two) divorce rights to the three will be deemed as utilized in that particular marriage.

The husband has been given three divorce rights in any one marriage in Islam; if the husband chooses to exercise one of his three divorce rights at any time in his marriage to the woman, one of the three divorce rights will be deemed utilized and he will be left with only two of his three divorce rights for the rest of the marriage. If the husband chooses to divorce his wife for the second time, he still has the option to revoke the second divorce and remarry the same woman; but if Allah forbid, the husband divorces his wife for the third time, this third divorce will be considered absolutely irrevocable and it would be absolutely unlawful for the husband and wife to remarry unless the woman happens to marry another man, and her new husband, of his own free will chooses to divorce her, or dies.

Thus one cannot ‘take back’ his statement or declaration of divorce pronounced on one’s wife, but Islam does permit the husband to ‘revoke’ the first and second divorce pronouncement in one marriage. If the husband pronounces divorce on the same woman for the third time in the span of their marriage, then that third divorce will be absolutely irrevocable.

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