I divorced my wife with a final, irrevocable divorce (طلاق بائن); can she return to me?
There are two types of irrevocable divorce ( Bain): the major irrevocable divorce (three divorces), after which the husband cannot return to his wife unless she marries another man, divorces him, and her ' (waiting period) expires. Then, the first husband can marry her again with a new contract and mahr (dower). The minor irrevocable divorce (after the 'iddah of a revocable divorce from one or two pronouncements, or if the divorce was by khul' [wife-initiated divorce] or before consummation), in which case the irrevocably divorced wife can only be taken back with a new contract and mahr. The Fiqh Encyclopedia clarified that minor irrevocable divorce removes the right of enjoyment but not the legality of marriage, whereas major irrevocable divorce removes both the right of enjoyment and the legality of marriage until she marries another husband.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/144191
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 144191
- 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