Fatwa #115677 June 2004South Africa
Please explain what talaaq-e-baain is and what are its implications. Is halalah neccessary for couple to reconcile even after three menstrual cycles. Kindly clarify.
Answer
Q: What is Talaaq-e-Baain and what are its implications?
A: Talaaq-e-Baain is when the husband pronounces divorce with ambiguous words with the intention of divorcing his wife, for example, ?Get out of the house? or ?I do not want you anymore?. The Nikah terminates and a re-performance of Nikah is necessary. (Ibid pg. 501)
Q: What is Talaaq-e-Rajée (revocable) and what are its implications?
A: Talaaq-e-Rajee is when the husband pronounces one or two divorces with words expressly meaning divorce, for example, ?I divorce you? or ?I give you Talaaq?. However, the husband can revoke the divorce before the expiry of the Iddat verbally by saying, ?I take you back as wife? or physically by being intimate. (Ibid pg. 465)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
A: Talaaq-e-Baain is when the husband pronounces divorce with ambiguous words with the intention of divorcing his wife, for example, ?Get out of the house? or ?I do not want you anymore?. The Nikah terminates and a re-performance of Nikah is necessary. (Ibid pg. 501)
Q: What is Talaaq-e-Rajée (revocable) and what are its implications?
A: Talaaq-e-Rajee is when the husband pronounces one or two divorces with words expressly meaning divorce, for example, ?I divorce you? or ?I give you Talaaq?. However, the husband can revoke the divorce before the expiry of the Iddat verbally by saying, ?I take you back as wife? or physically by being intimate. (Ibid pg. 465)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai