Ruling on a Second Divorce Without Rajʿūʿ After the First and the Time Interval Between Them
Source: Aḥkām wa Masā’il – Ṭalāq ke Masā’il, Vol. 1, p. 340
❖ Question
A man divorced his wife, and then after ten days, without making rajʿūʿ, he gave her a second divorce. Will the second divorce take effect without rajʿūʿ? Also, please clarify: how much time should there be between the first and second divorce?
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
✔ Yes, the second divorce will take effect even without rajʿūʿ.
Evidence from the Qur’ān:
﴿ٱلطَّلَٰقُ مَرَّتَانِۖ فَإِمۡسَاكُۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحُۢ بِإِحۡسَٰنٖۗ﴾
(Al-Baqarah: 229)
“Divorce is twice; then (a choice is to be made) either to retain them in a fair manner or to release them with kindness.”
This verse shows that two rajʿi divorces can be given separately, and if after the first divorce rajʿūʿ is not made but before the completion of ʿiddah a second divorce is issued, then that second divorce will also be valid.
❖ Time Interval Between the First and Second Divorce
Islamic Sharīʿah does not specify a fixed interval of time between the first and second divorce. However, the important condition is that both divorces must occur on separate occasions.
➝ For this reason, issuing two or three divorces at the same time is considered against the Sunnah.
Sharīʿah intends that in the case of divorce, the husband should be given time to reflect and reconsider, and after each divorce, the door for rajʿūʿ or reconciliation remains open.
❖ Conclusion
✔ If the first divorce was given, and rajʿūʿ was not made, and then during the ʿiddah the husband issued a second divorce, the second divorce is valid.
✔ No specific time is fixed between the two divorces; what matters is that they are issued separately, not all at once.
ھذا ما عندي والله أعلم بالصواب
