Does this count as ruju from talaaq?

Fatwa ID: 03076

Answered by:  Shaykh Umer Khan​

Question:

Assalamu Alaikum Wa Rahmatullah

If a husband masturbates to his divorced wife's live video call,  is that any type of رجوع from the divorce?

Is she returned to his nikah…

 

Answer:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

The jurists have stated that there are two ways of effecting rujūʻ (reconciliation) after ṭalāq (divorce): by speech, and by action. It is praiseworthy to make rujūʻ by speech and disliked doing it by action (Raddu al-Muḥtār, 5/24).

Rujūʻ by speech is accomplished through the husband saying something like "I have made Rujūʻ" or "I have retained her" (in her absence).

ʻAllāmah Ibn ʻĀbidīn said that rujūʻ by action requires lust/desire on the part of the husband and/or the wife, and either of the following:

·         Touching his wife, having intercourse with her, kissing her (including the face, forehead, and lips), or touching her (with or without an intervening cloth) where the heat of the body is felt with desire.

·         Looking at the inside of the wife's private parts with the intention of rujūʻ.

Assuming that the video call did not involve explicitly stating rujūʻ by speech, and since it obviously did not involve him touching her, then according to ʻAllāmah Ibn ʻĀbidīn, rujūʻ will not have taken place unless he looked at the inside of his wife's private parts [even if over video] and did so with the intention of rujūʻ.

 

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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