Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
If a man gives one or two revocable (rajʿī) divorces and the woman is still in her ʿiddah (waiting period), can the husband revoke the divorce without her consent?
If a husband issues one or two revocable divorces (ṭalāq rajʿī) and the wife is still within her ʿiddah (waiting period), he may revoke the divorce even without her consent, and even if her guardian also disapproves, he still retains the right to revoke. This ruling is supported by the Qur’an, authentic Sunnah, and the consensus (ijmāʿ) of the Ummah.
➊ Allah ﷻ says:
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا﴾
“And their husbands have more right to take them back during that [period] if they intend reconciliation.”
[Surah al-Baqarah: 228]
➋ Allah ﷻ says:
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ﴾
“When you divorce women and they have reached the end of their waiting period, then either retain them in a fair manner or release them in a fair manner.”
[Surah al-Baqarah: 231]
➌ Allah ﷻ says:
﴿ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۭ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ﴾
“Divorce is twice. Then, either retain in an acceptable manner or release with good treatment.”
[Surah al-Baqarah: 229]
➊ Sayyidunā ʿAbdullāh ibn ʿUmar رضي الله عنهما once divorced his wife during her menstruation. His father, ʿUmar ibn al-Khaṭṭāb رضي الله عنه, asked the Prophet ﷺ about the matter, and he ﷺ said:
"مره فليراجعها، ثم ليمسكها حتى تطهر، ثم تحيض ثم تطهر، ثم إن شاء أمسك بعد، وإن شاء طلق قبل أن يمس، فتلك العدة التي أمر الله أن تطلق لها النساء."
“Command him to take her back, then let him keep her until she becomes pure, then menstruates again, then becomes pure again. After that, if he wishes, he may retain her, and if he wishes, he may divorce her before touching her. This is the prescribed waiting period which Allah has commanded for women to be divorced.”
[Ṣaḥīḥ al-Bukhārī: 5251, Ṣaḥīḥ Muslim: 1471]
➋ Al-Muṭarraf ibn ʿAbdullāh رحمه الله reports:
“عمران بن حصين رضي الله عنه was asked about a man who divorced his wife, then had intercourse with her without appointing witnesses over either the divorce or the reconciliation. He replied: ‘You have divorced against the Sunnah and reconciled against the Sunnah. Appoint witnesses over both the divorce and the reconciliation, and do not repeat this.’”
[Sunan Abī Dāwūd: 2186, Sunan Ibn Mājah: 2025]
➤ Chain graded ḥasan; authenticated by Ḥāfiẓ Ibn al-Mulqin in Tuḥfat al-Muḥtāj: 488
➌ Narrated from Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه:
“The Messenger of Allah ﷺ divorced Ḥafṣah, then took her back.”
[Sunan Abī Dāwūd: 2283, al-Sunan al-Kubrā by al-Nasā’ī: 5723, Sunan Ibn Mājah: 2016]
➤ Authenticated by Imām Ibn Ḥibbān: 4275
➍ Sayyidunā Anas ibn Mālik رضي الله عنه said:
“When the Prophet ﷺ divorced Ḥafṣah, he was instructed to take her back, and so he did.”
[al-Ṭabaqāt al-Kubrā by Ibn Saʿd: 8/67]
➤ Chain graded ḥasan
❀ Imām al-Ṣanʿānī رحمه الله (d. 1182 AH) said:
"قد أجمع العلماء على أن الزوج له رجعة."
“The scholars have unanimously agreed that the husband has the right to revoke (ṭalāq rajʿī) during the ʿiddah period.”
[Subul al-Salām: 3/348]
✔ A man can revoke a revocable divorce during the ʿiddah period without the consent of his wife or her guardian.
✔ This ruling is clearly established from the Qur'an, Hadith, and consensus of scholars.
✔ However, the intention behind the revocation should be for reconciliation, not harm.
❖ Question:
If a man gives one or two revocable (rajʿī) divorces and the woman is still in her ʿiddah (waiting period), can the husband revoke the divorce without her consent?
✿ Answer:
If a husband issues one or two revocable divorces (ṭalāq rajʿī) and the wife is still within her ʿiddah (waiting period), he may revoke the divorce even without her consent, and even if her guardian also disapproves, he still retains the right to revoke. This ruling is supported by the Qur’an, authentic Sunnah, and the consensus (ijmāʿ) of the Ummah.
◈ Qur’anic Evidences
➊ Allah ﷻ says:
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا﴾
“And their husbands have more right to take them back during that [period] if they intend reconciliation.”
[Surah al-Baqarah: 228]➋ Allah ﷻ says:
﴿وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ﴾
“When you divorce women and they have reached the end of their waiting period, then either retain them in a fair manner or release them in a fair manner.”
[Surah al-Baqarah: 231]➌ Allah ﷻ says:
﴿ٱلطَّلَـٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۭ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَـٰنٍۢ﴾
“Divorce is twice. Then, either retain in an acceptable manner or release with good treatment.”
[Surah al-Baqarah: 229]◈ Hadith Evidences
➊ Sayyidunā ʿAbdullāh ibn ʿUmar رضي الله عنهما once divorced his wife during her menstruation. His father, ʿUmar ibn al-Khaṭṭāb رضي الله عنه, asked the Prophet ﷺ about the matter, and he ﷺ said:
"مره فليراجعها، ثم ليمسكها حتى تطهر، ثم تحيض ثم تطهر، ثم إن شاء أمسك بعد، وإن شاء طلق قبل أن يمس، فتلك العدة التي أمر الله أن تطلق لها النساء."
“Command him to take her back, then let him keep her until she becomes pure, then menstruates again, then becomes pure again. After that, if he wishes, he may retain her, and if he wishes, he may divorce her before touching her. This is the prescribed waiting period which Allah has commanded for women to be divorced.”
[Ṣaḥīḥ al-Bukhārī: 5251, Ṣaḥīḥ Muslim: 1471]➋ Al-Muṭarraf ibn ʿAbdullāh رحمه الله reports:
“عمران بن حصين رضي الله عنه was asked about a man who divorced his wife, then had intercourse with her without appointing witnesses over either the divorce or the reconciliation. He replied: ‘You have divorced against the Sunnah and reconciled against the Sunnah. Appoint witnesses over both the divorce and the reconciliation, and do not repeat this.’”
[Sunan Abī Dāwūd: 2186, Sunan Ibn Mājah: 2025]➤ Chain graded ḥasan; authenticated by Ḥāfiẓ Ibn al-Mulqin in Tuḥfat al-Muḥtāj: 488
➌ Narrated from Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه:
“The Messenger of Allah ﷺ divorced Ḥafṣah, then took her back.”
[Sunan Abī Dāwūd: 2283, al-Sunan al-Kubrā by al-Nasā’ī: 5723, Sunan Ibn Mājah: 2016]➤ Authenticated by Imām Ibn Ḥibbān: 4275
➍ Sayyidunā Anas ibn Mālik رضي الله عنه said:
“When the Prophet ﷺ divorced Ḥafṣah, he was instructed to take her back, and so he did.”
[al-Ṭabaqāt al-Kubrā by Ibn Saʿd: 8/67]➤ Chain graded ḥasan
◈ Consensus (Ijmāʿ)
❀ Imām al-Ṣanʿānī رحمه الله (d. 1182 AH) said:
"قد أجمع العلماء على أن الزوج له رجعة."
“The scholars have unanimously agreed that the husband has the right to revoke (ṭalāq rajʿī) during the ʿiddah period.”
[Subul al-Salām: 3/348]
Conclusion
✔ A man can revoke a revocable divorce during the ʿiddah period without the consent of his wife or her guardian.
✔ This ruling is clearly established from the Qur'an, Hadith, and consensus of scholars.
✔ However, the intention behind the revocation should be for reconciliation, not harm.
