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One of our brothers/sisters has asked this question:

Assalam Alikum,

I have a norther Question for you, kindly answer it as soon as possible. when husband has divorce his wife  ones and want to take here back within three months time. There is no nika required?, secondly If they are not living in the same country a verbal agreement will be acceptable or is it necessary to have a sex.

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Answer:

Take wife back after divorce

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.

Your Question: ….when husband has divorce his wife  ones and want to take here back within three months time. There is no nika required?,

Shariah Law allows for three divorce declarations in any one marriage; the first two divorce declarations of which are revocable; but if one pronounces a third or final declaration of divorce, that would be considered irrevocable.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-230:

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).

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.

If the husband has divorced his wife (1^st or 2^nd divorce), and wishes to take his wife back before the ‘iddah’ or waiting period of divorce has expired (three menstruations or birth if wife is pregnant)…..indeed there is absolutely no need or requirement for the couple to perform a new nikaah between them.

A new ‘nikaah’ is a requirement only if the couple wish to reunite again after the expiry of the ‘iddah’ or waiting period of divorce. If the husband revokes the divorce before the expiry of the ‘iddah’, there is absolutely no need to perform a new ‘nikaah’ for the couple to reunite as a husband and wife again.

Allah Says in the Holy Quran Chapter 65 Surah Talaq verses 1-2:

1 O Prophet! When ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

2 Thus when they fulfill their term appointed either take them back on equitable terms or part with them on equitable terms.

Your Question: …..secondly If they are not living in the same country a verbal agreement will be acceptable or is it necessary to have a sex.

If the husband is the one who initiated and declared the divorce, and the divorce was revocable (ie. it was the 1^st or 2^nd pronouncement of divorce)….then the husband is well within his rights to revoke his divorce declaration. The divorce would be revoked if the couple were to have sexual intercourse with each other, or even if the husband were to merely declare that ‘he takes the wife back’ or ‘the divorce is revoked’.

There is absolutely no obligation that the couple must have sexual intercourse to revoke their divorce; a mere declaration by the husband that he takes his wife back would suffice to revoke the divorce in the Sight of Shariah Law; absolutely regardless of whether the wife is in his presence or not.

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