Revoking the talaq within the three menstruation cycles

Fatwa ID: 01586

Answered by Mufti Mohammed Tosir Miah

Question:

Ihave been married for 5 years and have 2 kids, 1 boy and 1 girl. 2 weeks ago me and my wife had an argument and in moment of anger I given her talaaq while my father was on the phone listening. After that she called her brother and he asked me that if I have given talaak and I was still angry said yes I did and I left the house. Soon after leaving i realised that i done something I never wanted to do because I love my wife. the next day I called her to say sorry and ask her forgiveness and to take her back but her family did not let me speak to her and told me that they have spoken to imams and mufti and that this talaak is valid and she is haraam for me.  They have told me that they are hanfi muslim and follow hanfi imams and according to them my talaak stands and we are haraam for each other.
 
I still want my wife back, since then i have spoken to my wife even though she wants me back ( maybe) she is convinced by hanafi imam that we are haraam for each other and there is no going back what so ever.

Answer:

Bismillah

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

When a husband gives his wife one revocable talaq (divorce), the wife straightaway does not become unlawful for the husband.  The husband can take her back if he revokes the talaq before the ending of her three menstrual periods (if she still menstruates) or three months. The choice of taking the wife back lasts only during these three menstruation periods. At the expiry of this time, the right of revoking the divorce also expires. (Bahrur Raaiq p.50 v.4)

Regarding your question, as long as you revoke the divorce before the expiry of her three menstruation cycles you can still get back together again. Its only when the husband gives his wife three talaqs in which case the wife would become unlawful for the husband.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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