Source: Fatāwā ʿIlmiyyah – Tawḍīḥ al-Aḥkām, Vol. 2, p. 194
Can a woman, after obtaining khulʿ from her husband, remarry the same man?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā baʿd:
It is permissible for a woman who has taken khulʿ to remarry her former husband.
Imām al-Shāfiʿī رحمه الله said:
“Sufyān ibn ʿUyaynah narrated to us from ʿAmr ibn Dīnār from Ṭāwūs from Ibn ʿAbbās رضي الله عنهما, regarding a man who had divorced his wife twice and then she took khulʿ from him. He (Ibn ʿAbbās) said: ‘If he wishes, he may marry her again…’”
(al-Umm, Vol. 5, p. 114)
References:
From this narration, it is evident that Ibn ʿAbbās رضي الله عنهما considered khulʿ as fasḳ al-nikāḥ (annulment of marriage), not a form of irrevocable divorce (ṭalāq bāʾin).
Therefore, he regarded remarriage between the two as permissible — even if the husband had issued one divorce before the khulʿ, it would still be an annulment, not counted as part of the three divorces.
Thiqah Tābiʿī Maymūn ibn Mihrān رحمه الله said:
“If he wishes, he may remarry her, and he must specify a new mahr.”
(Muṣannaf Ibn Abī Shaybah, Vol. 5, p. 122, Ḥadīth 1850 – authentic chain)
Imām Ibn Shihāb al-Zuhrī رحمه الله said:
“If he had taken an amount from her (in khulʿ), then he should not marry her for a mahr less than that.”
(Muṣannaf Ibn Abī Shaybah, Vol. 5, p. 122, Ḥadīth 18503 – authentic chain)
Hādhā mā ʿindī, wallāhu aʿlam biṣ-ṣawāb.
Question
Can a woman, after obtaining khulʿ from her husband, remarry the same man?
Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā baʿd:
It is permissible for a woman who has taken khulʿ to remarry her former husband.
Opinions of the Companions and Imams
Imām al-Shāfiʿī رحمه الله said:
“Sufyān ibn ʿUyaynah narrated to us from ʿAmr ibn Dīnār from Ṭāwūs from Ibn ʿAbbās رضي الله عنهما, regarding a man who had divorced his wife twice and then she took khulʿ from him. He (Ibn ʿAbbās) said: ‘If he wishes, he may marry her again…’”
(al-Umm, Vol. 5, p. 114)
- This report’s chain is authentic.
- When Imām al-Shāfiʿī narrated from Sufyān ibn ʿUyaynah, it is taken as samāʿ (direct hearing).
References:
- al-Nukat by al-Zarkashī (p. 189)
- al-Fatḥ al-Mubīn fī Taḥqīq Ṭabaqāt al-Mudallisīn (p. 42)
Sharʿī Status of Marriage After Khulʿ
From this narration, it is evident that Ibn ʿAbbās رضي الله عنهما considered khulʿ as fasḳ al-nikāḥ (annulment of marriage), not a form of irrevocable divorce (ṭalāq bāʾin).
Therefore, he regarded remarriage between the two as permissible — even if the husband had issued one divorce before the khulʿ, it would still be an annulment, not counted as part of the three divorces.
Views of the Tābiʿīn
Thiqah Tābiʿī Maymūn ibn Mihrān رحمه الله said:
“If he wishes, he may remarry her, and he must specify a new mahr.”
(Muṣannaf Ibn Abī Shaybah, Vol. 5, p. 122, Ḥadīth 1850 – authentic chain)
Imām Ibn Shihāb al-Zuhrī رحمه الله said:
“If he had taken an amount from her (in khulʿ), then he should not marry her for a mahr less than that.”
(Muṣannaf Ibn Abī Shaybah, Vol. 5, p. 122, Ḥadīth 18503 – authentic chain)
Hādhā mā ʿindī, wallāhu aʿlam biṣ-ṣawāb.
