In October 2007 I issued my wife one talaaq over the phone.(saying – I am issuing you with one talaaq) before she completed her idaat I met with her a few times. In these meetings I touched her hands played with her hair and talked normally. There was no further intimacy. What is the position of my nikah with her? If we wish to reconcile do we perform another nikaah?

Please advise.

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

Answer

The choice of taking the wife back lasts only during the iddah period. At the expiry of this time, the rujuu also expires. (Bahrur Raaiq P.50 V.4)

The jurists have lisited two ways of effecting 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 taken you back”, or “I have retained you”. 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. (Raddul Muhtar p.25 V.5)

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. If there is no desire then rujuu is not affected. Therefore, to touch the wife, have intercourse with her, to kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will effect rujuu. (Ibid)

With regards to your question, if you touched her hands or her hair and there was lust and desire from you or your wife then rujuu will be effected.  Otherwise it will not hence, if the iddah has finished you can get back together again provided the nikah is redone.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.