Sharʿi Status of Divorces Given to the Wife and the Method of Rajʿūʿ
Source: Aḥkām wa Masā’il, Ṭalāq ke Masā’il, Vol. 1, p. 342
❖ Question
A man has been residing abroad for about 20 years and used to visit Pakistan every two years. He has five children aged 18, 16, 14, 10, and 7. However, in the last two to three years, doubts arose in his marital relationship. The husband suspected that his wife had developed unlawful relations with another man.
When he came to Pakistan about two years ago, he warned his wife to correct her conduct since their children were now growing up. The wife did not take his warning seriously and persisted in her ways. Consequently, about nine months ago, the husband sent a written letter of divorce.
Even after that, he tried through the wife’s parents and brothers to bring reconciliation, but the wife did not agree.
After nine months, the husband sent another written letter, giving two divorces together.
Now the questions are:
◈ Are the divorces issued by the husband valid in Sharīʿah?
◈ Can the husband return to his wife or perform a new nikāḥ with her?
◈ If yes, what is the Sharʿi procedure?
◈ Considering that about one month has passed since the second letter of two divorces.
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
1. Status of the First Divorce
◈ The first divorce issued about nine months ago has definitely taken effect according to Sharīʿah.
2. Status of the Two Divorces (If Given Within ʿIddah)
◈ Regarding the two divorces issued together nine months later, scholars hold two opinions:
➊ First Opinion:
✿ The first divorce had already taken effect.
✿ From the two later divorces, one more divorce will be valid.
✿ Thus, in total, two divorces have taken place.
➋ Second Opinion:
✿ Divorces issued without rajʿūʿ during the ʿiddah are not valid.
✿ Therefore, the two later divorces will be considered invalid.
✿ Only the first divorce will remain effective.
3. Ruling of Rajʿūʿ Within ʿIddah
◈ According to both views, if the two divorces were given within the ʿiddah:
✿ The husband can make rajʿūʿ, provided it is done in front of witnesses.
✿ If the ʿiddah has passed, then reunion will only be possible through a new nikāḥ.
4. If the ʿIddah Had Already Ended
◈ If the two divorces were issued after the completion of the first divorce’s ʿiddah:
✿ Both divorces are invalid.
✿ Since the nikāḥ had already ended, divorces after that are ineffective.
5. Present Sharʿi Status
✔ If the ʿiddah had ended:
✿ Only one divorce (the first one) is valid.
✿ The husband can remarry his wife with a new nikāḥ.
✔ If the ʿiddah had not ended:
✿ The husband may perform rajʿūʿ in front of witnesses.
Conclusion:
The ruling depends on whether the wife’s ʿiddah had ended at the time of the second letter.
◈ If ʿiddah was ongoing → rajʿūʿ is possible.
◈ If ʿiddah had ended → only one divorce stands, and reunion requires a new nikāḥ.
ھذا ما عندي والله أعلم بالصواب
