Fatwa Explorer

Fatwa #98276 October 2003South Africa

The husband told wife that they should go their separate ways, intending divorce, but thereafter took her back. What is their condition?

Answer

If the husband told his wife a statement to the effect, ?go separately? with the intention of divorce, that constitutes a Talaaq-e-Baain, which implies that the marriage bond has been severed.

If the husband did not issue his wife two revocable divorces before this divorce, then he has to renew his marriage with his divorced wife. He cannot just take her back. If he issued his wife two revocable divorces before this divorce, then this divorce will conclude as Talaaq-e-Mughalladhah (permanently irrevocable divorce). They cannot live together as husband and wife.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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