Is a husband's return to his wife after divorcing her twice, prior to khulʿ, considered void, and what are the implications of that?
Khul’ differs from divorce in some of its rulings. A woman who seeks Khul’ becomes irrevocably separated from her husband, and he cannot take her back except with a new marriage contract. As for a divorced woman, the husband can take her back during her waiting period () without a new contract, unless the divorce was pronounced three times, or if it was for a financial compensation, or if it was before consummation.
The ruling on divorce after a valid privacy (khulwah sahihah) but before consummation is debated regarding whether it is revocable or irrevocable. According to the Hanbalis, it is revocable.
Since the woman separated from her husband through Khul’, an irrevocable separation (baynunah) has occurred, and there is no sin upon her. The judge’s ruling allowing her to return with a new contract is based solely on the ruling of Khul’.
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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