Back to search
The question

What is the ruling on a husband taking back his wife and consummating the marriage after her 'iddah (waiting period) has expired, out of ignorance and without a new contract, knowing that she was returned to the home two years after her divorce, and he consummated the marriage on the first day, and on the second day she was sent back to her family, then a new contract was made with a new mahr (dowry), and she stayed for three years then they separated?

Share this answer

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

The رجعة (reconciliation/taking back) of the wife after the expiry of her ' (waiting period) following an irrevocable divorce (طلاق بائن) is invalid. If a marriage contract is then concluded with her, it is valid, provided the husband has not yet completed three divorces. Some scholars hold that istibra' (ensuring the womb is clear of pregnancy) is obligatory before the marriage contract. If the contract is concluded after the womb has been cleared, it is valid. Otherwise, the contract is not valid according to the Malikis and Hanbalis, while it is valid according to the Hanafis and Shafi'is.

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
156199
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