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Is it permissible to take back one's wife verbally after the second divorce, or is a new contract necessary, and is the wife considered divorced, or is she still married to her husband?

1 min readAlso available in العربية

Marriage has well-known pillars: the presence of the woman's guardian or his representative, along with two just witnesses, and a formula indicating the contract.

The first divorce before the wedding is subject to two possibilities: 1. Before the legitimate seclusion (al-khalwah al-shar'iyyah): The divorce is effective, and it results in a minor separation (baynunah sughra). You are not lawful for him except with a new contract. The second divorce in this case is not effective. 2. After the legitimate seclusion: Restoration (raj'ah) is valid according to the Hanbalis, and there is no need for a new contract, because legitimate seclusion is considered like consummation. This opinion is the preferred one for us.

Based on the second possibility, the second divorce is considered effective, and restoration after it is valid. It occurs through an explicit or implicit statement accompanied by intention, or through sexual intercourse and its preliminaries according to some scholars.

Based on this, you are now under the protection of your husband. Restoration before the completion of the waiting period (iddah) is a right of the husband that does not require the wife's consent or knowledge, and you are not permitted to refuse restoration.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy