Is the wife considered to have been legally returned if her husband returned her with the intention of returning her from a first divorce that did not occur, while she was in the waiting period of a second divorce that had actually occurred, and is the return sufficient without witnesses?
A divorce by
implication (طلاق الكناية) does not occur unless there is an intention to
effectuate divorce. If you divorced your wife with a revocable divorce (طلاق
رجعي) and took her back before the expiry of her waiting period (), then
she has returned to your marital bond. Your unawareness of the second divorce
does not prevent the validity of the رجعة (return/reconciliation) as long as
it occurred within the Iddah. The absence of witnesses for the رجعة does not
invalidate it according to the majority of scholars. Similarly, conjugal
relations with the wife during her Iddah from a revocable divorce effectuate
the رجعة, even if the husband was unaware of the divorce taking place. The
Iddah for a divorced woman who menstruates is three menstrual cycles. For a
pregnant woman, her Iddah ends with childbirth. For a non-pregnant woman who
does not menstruate, her Iddah is three months. It is preferable to present
the matter to trustworthy scholars in your country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 194330
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy