Back to search
The question

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?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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 Ftawy
Where this answer came from
Source platform
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