What is the explicit wording for a revocable return (rajʿah) in the event that the divorcer doubts his intention to return (rajʿah)?
If a man divorces his wife and then doubts whether he has taken her back (rājʻa) or intended to do so with a word that could have multiple meanings, his return (rajʻa) is not valid. This is because the default is that the return has not occurred until its occurrence is confirmed.
The explicit words that effect a return (rajʻa) without the need for intention are: "I have taken her back (irtaja‘tuha)," "I have returned to her (rāja‘tuha)," "I have restored her (radadtuha)," "I have kept her (amsaktuha)," and similar phrases. This is because these words are mentioned in the Qur’an and .
As for non-explicit words like "I have married her (nakhaḥtuha)" or "I have wedded her (tazawwajtuha)," there are two opinions regarding whether a return is effected by them. The more preponderant view is that a return is not effected by them unless there is an intention of return, because these are allusive expressions (kināyāt).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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