Back to search
The question

Is it permissible for a second wife, who has returned to her husband after her first divorce, to waive her material rights (the apartment) that her family had previously guaranteed for her, fearing a repeat of the divorce experience, especially since both her parents are deceased and she has no siblings?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the divorce is revocable ( raj'i), the husband has the right to take his wife back without her permission as long as she is within her waiting period (), and her family does not have the right to prevent their daughter from this. Regarding his condition of waiving the apartment for him to take you back, the majority of jurists do not consider a revocable return (raj'ah) that is contingent on a condition to be valid. However, if the revocable return is valid without a condition, and the waiver was a promise from you or from him, then the return is valid. It is advised not to waive the apartment, in order to preserve your right. If the husband is sincere in his desire to take you back, he will do so without a condition, as many husbands are deterred from divorce by financial burdens, and waiving the apartment will make it easier for him to divorce in the future.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
190964
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy