Fatwa ID: 03375

Answered by: Shaykh Umer Khan​

Question

Assalamu Alaikum Warahmatullahi Wabarakatuh,

if a man gives a woman one divorce. He then talks with her in a flirty way, does she come back into his nikah?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer

The jurists have stated that there are two ways of effecting rujūʻ (reconciliation) after one ṭalāq (divorce):

1.      Rujūʻ by speech. This is accomplished through the husband saying something like "I have made Rujūʻ" or "I have retained you". Rujūʻ by speech will take effect on whether the wife is present or not. If she is not present, it is best to have two witnesses present (Raddu al-Muḥtār, 5/25).

2.      Rujūʻ by action. 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.

It is praiseworthy to make rujūʻ by speech and disliked doing it by action (Raddu al-Muḥtār, 5/24).

Talking in a flirty way does not result in rujūʻ (reconciliation), because it is not clear/explicit. However, talking in such a way should be avoided during the ʻiddah (waiting period).

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham