❀ Method of Revocation After Divorce and the Ruling on a Second Divorce ❀
Source: Ahkam wa Masail – Divorce Issues, Vol. 1, p. 349
❖ Question:
If a husband gives his wife one divorce, and then six months or more pass, does the second divorce automatically take effect or not? Also, what is the correct method of ruju‘ (revocation)?
❖ Answer:
Alhamdulillah, was-salatu was-salamu ‘ala Rasulillah, amma ba‘d!
If a husband gives only one divorce, then:
◈ During the ‘iddah period, he may revoke the divorce without a new nikah, but it should be done in the presence of just witnesses.
◈ If the ‘iddah ends, the previous marriage bond is no longer valid. In that case, a new nikah must be conducted with mutual consent in order to restore the marital relationship.
✦ Evidences from the Qur’an:
① Surah al-Baqarah (2:228):
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَٰحٗاۚ﴾
“And their husbands have more right to take them back within that (‘iddah) if they desire reconciliation.”
② Surah al-Baqarah (2:232):
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾
“And when you divorce women and they have completed their ‘iddah, do not prevent them from remarrying their husbands if they mutually agree in a fair manner.”
Conclusion:
◈ A second divorce does not occur automatically after one divorce.
◈ If only one divorce was given and the ‘iddah has ended, a new nikah is required to remarry.
◈ Revocation (ruju‘) during ‘iddah is valid, but it should be done in the presence of witnesses.
ھذا ما عندي، والله أعلم بالصواب
