(#137)
Assalamualaikum
Only 1 time the husband said ‘I divorce you anyway n we sell the house ‘
The next day the husband said he not meant it to divorce n love the marriage n family
Can they become the husband n wife back as normal ?
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaramah
We have received your query dated 30/04/22, our response is as follows:
The following answer is in accordance to the information furnished by you.
In the altercation mentioned by you, if his exact words in the email message were as mentioned by you that, “I divorce you anyway n we sell the house” then one Talaaq-e-raj’ee /revocable divorce had fallen. The lady ought have observed Iddat for a period of three complete menstrual cycles from the time the Talaaq had been issued.
If during this Iddat period the husband took her back in his marriage either verbally (e.g. by saying but not restricted to “I have taken you back in my marriage”) or by his action (e.g. by touching her with desire etc) then she will once again be considered as his wife according to Shari’ah. However, if he had not taken her back in the Nikah than she has become estranged from him and her Nikah ties with him have been severed.
According to your email you have indicated that the lady and the husband reconciled the next day, if this is the case and the reconciliation was according to the above manner then she will still remain in her husband’s Nikaah. However, the husband must understand that he only has two Talaaqs left (if this was the first divorce he had uttered), thus if another two Talaaqs takes place then she will no longer be in his Nikaah.
We reiterate that the above answer is according to the information that you have provided us.[1]
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
28th Ramadaan 1443
1st May 2022
[1] {Ref; Fataawa Mahmoodiyah pg. 335-336 vol. 12}
