Does a second divorce take place after the husband has taken back his wife from the first divorce without a new contract or mahr, and what are the implications if it does?
The young man is advised to abandon anger and be patient, especially in family matters, to avoid regretting impulsive actions like divorce. If the marriage contract was valid and met the conditions of marriage, then the divorce is effective. If the divorce occurred before consummation or valid seclusion, then the woman has no waiting period (') and is entitled to half of the agreed upon Mahr (dowry), and the second divorce does not take effect because it did not occur during a valid marital state. In this case, the woman is considered a non-, and it is not permissible to take her as a wife except with a new contract. However, if consummation or valid seclusion occurred, then the second divorce is binding, and he has one divorce remaining. He may take her back before the 'iddah expires, or with a new contract after it has expired.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 61744
- 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
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