Question Summary: Is it valid to issue a revocable divorce (Talaq Raj’i) after an irrevocable divorce (Talaq Ba’in)? Question Detail:
I have read this fatwa on the idealwomen website approved by mufti ebrahim sahib which says the revocable divorce after an irrevoble divorce counts ifwife is in her iddah but another fatwa in askimam no 19577 says a revocable divorce after an irrevocable divorce doesnt count even wife is in her iddah approved by mufti hussain sahib .can you tell me which is the correct one please.and if a husband irrevocably divorces again instead of revocable one what will be the ruling and how many divorces will take place reference for the fatwa in idealwoman.org Question: If a man irrevocably divorces his wife once but takes her back without a new marriage contract then is his marriage valid ? If he subsequently after the 1st irrevocable divorce divorces her revocably(after 6 months) then is his 2nd pronouncement of divorce ineffective as they are not legally married due the no new contract after the 1st irrevocable divorce ?Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. If a man gives his wife one irrevocable divorce (Talaaq-e-Ba’in), then the marriage between the husband and wife has terminated. They cannot live together as husband and wife until they remarry through the mutual consent of one another. It is not permissible for the husband to merely take back his wife without remarrying her. However, if a man has given his wife a revocable divorce after an irrevocable divorce, it will be valid as long as she is in her Iddah. If the revocable divorce was given after the expiry of her Iddah (waiting period), then it will not be valid. The Iddah of a pregnant woman is until she gives birth. The Iddah of a non-pregnant woman is three menses.[1] And Allah Ta’āla Knows Best Checked and Approved by,Mufti Ebrahim Desai.
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. We have reviewed the two fatwas you referred to; the condition in both situations are different and accordingly, the fatwas are correct. The fatwa on idealwoman.org states that it is permissible to issue a revocable divorce (Talaq Raj’i) after an irrevocable divorce (Talaq Ba’in) as long as the wife is still in her iddah period.[1] The fatwa on askimam.org is referring to a wife that was issued a divorce before the marriage was consummated. The ruling for a divorce in such a marriage (which was not consummated) is that the divorce will always result in an irrevocable divorce. Hence, there is no possibility of issuing a revocable divorce after an irrevocable divorce in this case.[2] And Allah Ta’āla Knows Best AbdulMannan Nizami Student Darul Iftaa Chicago, IL, USA Checked and Approved by, Mufti Ebrahim Desai. www.daruliftaa.net
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