Divorce after taking his wife back

Fatwa ID: 02186

Answered by Molana Muhammad Adnan

Question:

If a Muslim has divorced his wife and then took her back but after that he has discovered that the divorce he made was unvalid, is it count as one divorce or not ?

Answer:

Bismillah

If the conditions of divorce are not met then a divorce will not take place. Saying that, if you announced and told people “I have divorced her”, even if you hadn’t divorced her up to then, divorce will take place[1]. Divorce is such a serious issue that even if it is issued out of a joke it will take effect

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife).”

[Abu Dawood, 2194; al-Tirmidhi, 1184; Ibn Maajah, 2039]

Written by Molana Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Qudoori

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