Is Revocation (Ruju‘) Necessary for a Second Divorce? – Complete Shar‘i Explanation
Source: Ahkam wa Masail, Masail-e-Talaq, Vol. 1, p. 338
❀ The Question
If a husband pronounces three divorces at once in a single sitting, then according to Qur’an and Hadith, it counts as one divorce. But if the husband pronounces three divorces on the same day in three different sittings, will all three divorces take effect? Or does the term majlis (sitting) apply to one menstrual cycle? Some Ahl al-Hadith scholars say that all three divorces will take effect.
Is ruju‘ (revocation) necessary before a second divorce can be given? If a man divorces his wife but does not revoke it, will this divorce automatically become irrevocable (bā’in or mughallaẓah) after three months?
❀ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-salāmu ‘alā Rasūlillāh, ammā ba‘d!
◈ Condition of Revocation Between the First and Second Divorce
There is no evidence in the Qur’an or Sunnah which requires that revocation (ruju‘) must occur after the first divorce in order for the second divorce to be valid or effective.
Allah Almighty says:
﴿اَلطَّلَاقُ مَرَّتَانِ﴾ (البقرة: 229)
“Divorce is twice…”
◈ Hadith Evidence
Abdullah ibn Mas‘ud (رضي الله عنه) narrated:
«طَلاَقُ السُّنَّةِ تَطْلِيْقَةٌ وَهِیَ طَاهِرٌ فِیْ غَيْرِ جِمَاعٍ، فَإِذَا حَاضَتْ وَطَهُرَتْ طَلَّقَهَآ أُخْرٰی»
“Divorce according to the Sunnah is to give one divorce when the wife is in a state of purity without intercourse. Then when she menstruates and becomes pure, a second divorce may be given.”
(سنن النسائي)
This proves:
The validity of the second divorce does not depend on revocation after the first divorce.
◈ One Divorce and the Possibility of Re-Marriage
If a man gives his wife one divorce and the ‘iddah is completed without revocation, then the marital bond ends. However, they may remarry through a new nikah contract with mutual consent.
Allah Almighty says:
﴿فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾ (البقرة: 232)
“When they have fulfilled their term, do not prevent them from remarrying their (former) husbands if they agree between themselves on a reasonable basis.”
❀ Conclusion
① The Qur’an and Sunnah do not make revocation a condition for a second divorce.
② A husband may issue a second divorce after the ‘iddah has passed, even if he did not revoke the first.
③ If the ‘iddah of one divorce is completed, the marriage ends—but remarriage is possible through a fresh nikah.
④ Divorce does not automatically turn into mughallaẓah (irrevocable three divorces) merely by passing of time.
ھذا ما عندي والله أعلم بالصواب
(And Allah knows best what is correct.)
