The Issue of a Regretful Husband’s Divorce: Reconciliation or New Nikah?
Source: Aḥkām wa Masāʾil, Masāʾil-e-Ṭalāq, Volume 1, Page 335
❀ Detailed Question Statement
In the context of domestic circumstances, the following question was asked:
✿ During an argument at home, the husband in anger said:
"If I ever do such-and-such again, I will divorce my wife.”
✿ Upon this, the father expressed displeasure, so the husband replied:
"My divorce, divorce, as many times as I can say it.”
But the wife did not hear these words.
✿ Later, when others asked the wife about this, she replied:
"I did not hear anything, we are completely fine.”
✿ At that time ignorance was widespread, therefore:
◈ No one consulted any scholar,
◈ Nor did anyone reflect upon this matter themselves.
✿ The husband and wife continued living together, but with little affection.
✿ Then one day when the husband returned home and found an argument happening, he asked:
"What is going on?”
The wife responded:
"Nothing.”
The husband angrily said:
"Always fighting! I will divorce you.”
✿ The father tried to stop him, but the husband said:
"I have divorced you, divorced you, divorced you — three times.”
✿ The wife did not hear these words either.
✿ Later, when the wife was informed of this, she was separated from her husband.
Now, the husband is regretful and is asking:
In light of the Qur’an and Ḥadīth, can he take his wife back or not?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
Fatwa-Based Ruling
In this case, only one divorce has taken effect.
❀ Sharʿī Evidence
From Ṣaḥīḥ Muslim it is established that:
"Three divorces during the time of the Messenger of Allah ﷺ were counted as one divorce.”
From your description, it also appears that the waiting period (ʿiddah) has passed.
Therefore:
◈ Now, through a new nikah, you can once again live with your divorced wife.
❀ Qur’anic Evidence
Allah Taʿālā says:
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾
(Al-Baqarah: 232)
Translation:
"And when you divorce women and they have reached the end of their waiting period, do not prevent them from marrying their [former] husbands if they mutually agree in a reasonable manner."
ھذا ما عندي والله أعلم بالصواب
