❀ Shar‘i Ruling on Revocation (Ruju‘) After Divorce and Its Limits ❀
Source: Ahkam wa Masail, Divorce Issues, Vol. 1, p. 349
❖ Question:
Zaid divorced his wife a year ago, but soon after he revoked the divorce (ruju‘). Recently, a month ago, he gave her a second divorce. Now he wants to revoke again. Can Zaid return to his wife after this second divorce?
❖ Answer:
Alhamdulillah, was-salatu was-salamu ‘ala Rasulillah, amma ba‘d!
Based on the scenario:
◈ Zaid can revoke the divorce during the ‘iddah period.
◈ If the ‘iddah has ended, he may only return to her through a new nikah.
✦ Qur’anic Guidance:
Allah ﷻ says:
﴿اَلطَّلَاقُ مَرَّتَانِ﴾
“Divorce (that allows revocation) is twice.” (al-Baqarah: 229)
This means that revocable divorce (talaq raj‘i) is allowed twice, and within these two instances, the husband can return to his wife either through ruju‘ during ‘iddah or a fresh marriage contract after ‘iddah.
✦ Important Point:
If Zaid:
- After the second divorce, revokes or remarries her,
- Then later gives a third divorce,
➡ She becomes permanently unlawful for him, unless she lawfully marries another man and that marriage ends.
Allah ﷻ says:
﴿فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعۡدُ حَتَّىٰ تَنكِحَ زَوۡجًا غَيۡرَهُۥۗ﴾
“And if he divorces her (a third time), then she is not lawful for him thereafter until she marries another husband.” (al-Baqarah: 230)
ھذا ما عندي، والله أعلم بالصواب
