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If a man says to his wife, "I divorce you" (khala‘tuki) or "I have divorced you" (khala‘tuki) without an agreement or financial compensation, can he take her back during her waiting period (iddah) by saying, "I take back so-and-so to my marriage," or are a new contract and a new dower (mahr) required, and what is the duration of the waiting period in this case?

1 min readAlso available in العربية

If the husband utters the word khul’ without compensation and does not intend divorce, then nothing is incumbent upon him. If he does intend divorce, then it counts as a revocable divorce (ṭalāq raj‘ī). A revocable divorce does not require a new marriage contract or a new dower (mahr); merely taking her back (raj‘ah) before the ‘iddah (waiting period) expires is sufficient. Taking her back occurs through an explicit statement, such as “I take back my wife, so-and-so.” The ‘iddah varies depending on the woman's condition: a menstruating woman observes an ‘iddah of three menses (qurū’), a woman who has despaired of menstruation or has not menstruated observes an ‘iddah of three months, and a pregnant woman’s ‘iddah lasts until she gives birth.

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Ftawy
Original fatwa ID
113608
Imported
Translation status
Source text, unreviewed
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