Sharʿi Method of Rajʿūʿ: Ruling of Nikāḥ After Triple Divorce
Source: Kitāb: Aḥkām wa Masā’il, Vol. 1, p. 343
❖ Question
On 22-01-1991, a man gave his wife three divorces in a single sitting. Since then, the wife has been living in her parents’ home. Now the husband wishes to return to his wife. Please clarify the ruling of rajʿūʿ in light of the Qur’ān and Sunnah.
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
In the described case, one divorce has taken place, because three divorces given in one sitting are counted as one divorce.
❖ Ḥadīth Evidence
In Ṣaḥīḥ Muslim (Vol. 1, p. 477), it is narrated from ʿAbdullāh ibn ʿAbbās رضي الله عنهما:
«عَنِ ابْنِ عَبَّاسٍ قَالَ : كَانَ الطَّلَاقُ عَلٰی عَهْدِ رَسُوْلِ اﷲِﷺ، وَأَبِیْ بَكْرٍ، وَسَنَتَيْنِ مِنْ خِلَافَةِ عُمَرَ طَلَاقُ الثَّلَاثِ وَاحِدَةٌ»
Meaning:
“During the time of the Messenger of Allah ﷺ, the era of Abū Bakr رضي الله عنه, and the first two years of ʿUmar رضي الله عنه, three divorces (given together) were considered as one.”
❖ Method of Rajʿūʿ
➊ If the ʿiddah has not ended:
Rajʿūʿ is valid without a new nikāḥ, provided reconciliation is intended.
Qur’ān:
﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنۡ أَرَادُوٓاْ إِصۡلَٰحٗاۚ﴾ (Al-Baqarah: 228)
“And their husbands have more right to take them back during that period if they intend reconciliation.”
➋ If the ʿiddah has ended:
Rajʿūʿ is only possible through a new nikāḥ.
Qur’ān:
﴿وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٰجَهُنَّ إِذَا تَرَٰضَوۡاْ بَيۡنَهُم بِٱلۡمَعۡرُوفِۗ﴾ (Al-Baqarah: 232)
“And when you divorce women and they have reached the end of their waiting period, do not prevent them from remarrying their husbands if they mutually agree in a fair manner.”
❖ Current Situation
◈ The divorce occurred in 1991, and now it is 1999.
◈ This clearly shows that the period of ʿiddah has long passed.
➝ Therefore, now husband and wife may reunite only through a new nikāḥ, with mutual consent and fulfillment of all conditions of nikāḥ.
ھذا ما عندي والله أعلم بالصواب
