Giving the wife two talaqs and doing rujuu

CategoriesDivorce [528]

If a man gave his wife two divorces on different occasions and then followed ruju. What is the status of such talaqs when there is no sharai witness or in writing. does he still have three official and proper rights of divorce?

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

It should be borne in mind that it is not necessary to have witnesses present when issuing the Talaq.  It is best to have witnesses in order to save yourself from disputes later on however, Talaq will occur even where there are no witnesses present.

 

(Fatawa Darul Uloom Deoband p.53 v.9)

 

The jurists have listed two ways of effecting a Rujuu, one by speech and the other by action.  It is more praiseworthy to make Rujuu by speech rather than action. (Raddul Muhtar p.24 v.5)

 

To effect a Rujuu by speech, the husband can say ‘I have made Rujuu’ or ‘I have retained you’.  The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if Rujuu is initiated by action.  Rujuu will be effected whether the wife is in front of him or not however, where the wife is not present it is best to have two witnesses present.  (Raddul Muhtar p.25 v.5)

 

In regards to your question, when the husband gives his wife two Talaqs and he has done Rujuu in each of the two situations then he will not have three Talaqs remaining. Therefore, if he was to give his wife Talaq again then she will become unlawful upon him. (Fatawa Darul Uloom Deoband p.158 v.10)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

Darul Ifta Birmingham.

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