Is it permissible for a husband to take back his irrevocably divorced wife (divorced on the basis of mutual release/financial settlement - ṭalāq bā’in ‘alā al-ibrā’) during her ‘iddah by saying, "I have taken you back, and you are now my wife, and I call upon Allah to witness that," without an officiant (ma’dhūn)? And is she considered his wife thereby, given her need for a new marriage contract?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a man divorces his wife with a revocable divorce (طلاق بائن) in exchange for her release (على الإبراء), she is not lawful for him until a new contract (عقد جديد) is made. Therefore, the phrase mentioned does not return the wife to his marital bond, because her divorce is irrevocable, and the contract must be renewed through her guardian (الولي), in the presence of two witnesses, and with a new dowry.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/178658
Where this answer came from
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- Ftawy
- Original fatwa ID
- 178658
- 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