Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
If a woman received one or two revocable divorces (ṭalāq rajʿī), completed her ʿiddah (waiting period), and then married someone else, who later divorced her or passed away — can she remarry her first husband?
Yes, she can remarry her first husband.
❀ Sayyidunā Abū Hurayrah رضي الله عنه narrated that he heard ʿUmar ibn al-Khaṭṭāb رضي الله عنه say:
“Any woman whose husband divorces her once or twice, and he does not reconcile until her ʿiddah ends — then she marries another man, and that man either dies or divorces her — and she then returns to her first husband — then she remains with him based on the remaining number of divorces.”
[al-Muwaṭṭaʾ of Imām Mālik: 2/586 – Authentic chain]
❀ The same view is also reported from Sayyidunā ʿImrān ibn Ḥuṣayn رضي الله عنه.
[al-Sunan al-Kubrā by al-Bayhaqī: 7/365 – Authentic chain]
❀ Ṭāwūs ibn Kaysān رحمه الله reported regarding a similar case:
“If a man gives his wife two divorces, and she marries another man who either divorces her or dies, and she then remarries her first husband — then Ibn ʿAbbās رضي الله عنهما said: She is under a new set of three divorces.”
[al-Sunan al-Kubrā by al-Bayhaqī: 7/365 – Authentic chain]
✧ However, this view (that the woman returns with a new set of three divorces) is considered less preferred (marjūḥ).
The correct and stronger opinion is that of:
They held that:
The woman returns to her first husband based on the remaining number of divorces.
So, for example, if he had issued two divorces, and she returns after marrying another man, then only one divorce remains in the new marriage.
“Regarding this issue, the Sunnah which we follow and upon which there is no disagreement among us is the same (i.e., she returns based on the remaining divorces).”
[al-Muwaṭṭaʾ: 2/586]
✔ A woman divorced once or twice may remarry her first husband after marrying another man — if the second husband dies or divorces her.
✔ Upon return, she resumes based on the remaining number of divorces, not a fresh count.
✔ This is the preferred and agreed-upon position in the early generations.
❖ Question:
If a woman received one or two revocable divorces (ṭalāq rajʿī), completed her ʿiddah (waiting period), and then married someone else, who later divorced her or passed away — can she remarry her first husband?
✿ Answer:
Yes, she can remarry her first husband.
◈ Statements of the Companions (Ṣaḥābah)
❀ Sayyidunā Abū Hurayrah رضي الله عنه narrated that he heard ʿUmar ibn al-Khaṭṭāb رضي الله عنه say:
“Any woman whose husband divorces her once or twice, and he does not reconcile until her ʿiddah ends — then she marries another man, and that man either dies or divorces her — and she then returns to her first husband — then she remains with him based on the remaining number of divorces.”
[al-Muwaṭṭaʾ of Imām Mālik: 2/586 – Authentic chain]❀ The same view is also reported from Sayyidunā ʿImrān ibn Ḥuṣayn رضي الله عنه.
[al-Sunan al-Kubrā by al-Bayhaqī: 7/365 – Authentic chain]◈ Statement of a Tābiʿī
❀ Ṭāwūs ibn Kaysān رحمه الله reported regarding a similar case:
“If a man gives his wife two divorces, and she marries another man who either divorces her or dies, and she then remarries her first husband — then Ibn ʿAbbās رضي الله عنهما said: She is under a new set of three divorces.”
[al-Sunan al-Kubrā by al-Bayhaqī: 7/365 – Authentic chain]✧ However, this view (that the woman returns with a new set of three divorces) is considered less preferred (marjūḥ).
◈ The Stronger (Rājiḥ) Opinion
The correct and stronger opinion is that of:
- ʿUmar ibn al-Khaṭṭāb رضي الله عنه
- ʿImrān ibn Ḥuṣayn رضي الله عنه
They held that:
The woman returns to her first husband based on the remaining number of divorces.
So, for example, if he had issued two divorces, and she returns after marrying another man, then only one divorce remains in the new marriage.
◈ Imām Mālik رحمه الله stated:
“Regarding this issue, the Sunnah which we follow and upon which there is no disagreement among us is the same (i.e., she returns based on the remaining divorces).”
[al-Muwaṭṭaʾ: 2/586]
Conclusion
✔ A woman divorced once or twice may remarry her first husband after marrying another man — if the second husband dies or divorces her.
✔ Upon return, she resumes based on the remaining number of divorces, not a fresh count.
✔ This is the preferred and agreed-upon position in the early generations.
