صحيح البخاري
Bukhari
كتاب الطلاقThe Book of Divorce
بَابُ: {وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ} :Chapter. “And their husbands have the better right to take them (divorced ladies) back,” (V.2:228) during the period of the Idda.
Hadith 5331
اُردوEn
وحَدَّثَنِي مُحَمَّدُ بْنُ الْمُثَنَّى ، حَدَّثَنَا عَبْدُ الْأَعْلَى ، حَدَّثَنَا سَعِيدٌ ، عَنْ قَتَادَةَ ، حَدَّثَنَا الْحَسَنُ ، " أَنَّ مَعْقِلَ بْنَ يَسَارٍ كَانَتْ أُخْتُهُ تَحْتَ رَجُلٍ ، فَطَلَّقَهَا ، ثُمَّ خَلَّى عَنْهَا حَتَّى انْقَضَتْ عِدَّتُهَا ، ثُمَّ خَطَبَهَا ، فَحَمِيَ مَعْقِلٌ مِنْ ذَلِكَ أَنَفًا ، فَقَالَ : خَلَّى عَنْهَا وَهُوَ يَقْدِرُ عَلَيْهَا ، ثُمَّ يَخْطُبُهَا ، فَحَالَ بَيْنَهُ وَبَيْنَهَا ، فَأَنْزَلَ اللَّهُ : وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلا تَعْضُلُوهُنَّ سورة البقرة آية 232 إِلَى آخِرِ الْآيَةِ ، فَدَعَاهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَرَأَ عَلَيْهِ ، فَتَرَكَ الْحَمِيَّةَ وَاسْتَقَادَ لِأَمْرِ اللَّهِ " .
Narrated Al-Hasan: The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The position of Ahl al-Hadith is that after the completion of the waiting period (‘iddah), reconciliation (ruju‘) occurs only through a new marriage contract (nikah jadid), and within the waiting period, having sexual intercourse (jima‘) with the woman is itself sufficient for reconciliation (ruju‘).
The position of Ahl al-Hadith is that after the completion of the waiting period (‘iddah), reconciliation (ruju‘) occurs only through a new marriage contract (nikah jadid), and within the waiting period, having sexual intercourse (jima‘) with the woman is itself sufficient for reconciliation (ruju‘).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5331
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
A person who has divorced his wife has a greater right to take her back during the waiting period (‘iddah) without the need to renew the marriage contract (nikah). If the waiting period (‘iddah) passes, then the marriage is terminated. Even then, reconciliation is possible, but it will only be possible with the renewal of the marriage contract (nikah), as is understood from the above hadith.
(2)
There are four conditions for the renewal of the marriage contract (nikah) as follows:
➊ The woman must be consenting.
➋ The permission of the guardian (wali).
➌ A new dower (mahr).
➍ Witnesses must be present.
The facility of renewing the marriage contract (nikah) is available after the first or second divorce; after the third divorce, even this facility is terminated.
(3)
During the waiting period (‘iddah), reconciliation (ruju‘) can occur in two ways:
➊ Verbal reconciliation, that is, expressing with one’s tongue that “I have taken her back.”
➋ Practical reconciliation, that is, if he has intercourse with his wife, then reconciliation is also effected by this.
However, if one merely intends reconciliation in the heart and does not establish it through word or action, then reconciliation does not occur.
And Allah knows best.
(1)
A person who has divorced his wife has a greater right to take her back during the waiting period (‘iddah) without the need to renew the marriage contract (nikah). If the waiting period (‘iddah) passes, then the marriage is terminated. Even then, reconciliation is possible, but it will only be possible with the renewal of the marriage contract (nikah), as is understood from the above hadith.
(2)
There are four conditions for the renewal of the marriage contract (nikah) as follows:
➊ The woman must be consenting.
➋ The permission of the guardian (wali).
➌ A new dower (mahr).
➍ Witnesses must be present.
The facility of renewing the marriage contract (nikah) is available after the first or second divorce; after the third divorce, even this facility is terminated.
(3)
During the waiting period (‘iddah), reconciliation (ruju‘) can occur in two ways:
➊ Verbal reconciliation, that is, expressing with one’s tongue that “I have taken her back.”
➋ Practical reconciliation, that is, if he has intercourse with his wife, then reconciliation is also effected by this.
However, if one merely intends reconciliation in the heart and does not establish it through word or action, then reconciliation does not occur.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5331
