After saying divorce 3 times at the same time, and if verbal rujuu (no sexual relation b/w husband and wife after utterance of talak) done after the 3rd menstrual period in iddah period, what is its significance. As I understand that after 3rd menstrual period of female in iddah, Talak becomes irrevocable and the woman becomes haram for the husband. Please clarify
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. (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)
In regards to your question rujuu can only be affected during the iddah period. If the husband gave his wife three talaqs then it is not possible to do rujuu by speech or action. The relationship between the husband and wife becomes haraam after the completion of the 3rd period. (Fatawa Hindiyyah p.468 & p.472 V.1)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.
