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The question

Is the revocable divorce valid if the husband says to his wife, "Marry me" with the intention of taking her back, instead of saying, "I take you back" or "I have kept you"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Revocation (raj'ah) occurs through an explicit statement, such as: "I take you back" or "I have taken her back."

It also occurs through an allusive expression, like "I married you" or "I married her," according to the majority of jurists, in contrast to the Hanbalis who believe it is not valid through allusion, although there is a narration from Ahmad affirming its validity through allusion.

If he performs a new marriage contract with her while intending revocation, this is considered revocation according to the majority of scholars, provided he has the intention of revocation, because the word "to marry" is an allusion to holding on (to her).

So, if revocation has already occurred in the past through these allusions, it is valid according to the majority of scholars. However, if it has not yet occurred, the preferred approach is for it to be through an explicit statement, such as: "I take you back" or "I restore you."

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Ftawy
Original fatwa ID
190937
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