Revoking the talaq before the expiry of the third period

CategoriesDivorce [570]

Fatwa ID: 01585

Answered by Mufti Mohammed Tosir Miah

Question:

My husband pronounced talaq on me on 18th sept '2011, I began my first period on the 20th sept, i had my second period on the 13th oct, and then another on the 10th november. I then found out on the 15/16th Novemebr that my husband has changed his mind and doesn't not want to divorce me through my step brother. I am now going through khulla but just wanted to clarify I thought I needed to get one more period to complete 3 cycles but I'm a bit confused now if it means just getting 3 periods after the divorced is pronounced. Please clarify because its very important that I know if I’m divorce or not so I can notify the sharee council

Answer:

Bismillah

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

When a husband gives his wife a revocable talaq, 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 the three menstrual periods (if she still menstruates) or three months. 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)

Regarding your question, you said that you started your third period on the 10th of November and that your husband revoked the talaq on the 15th or 16th of November. The issue here is whether you had finished your periods and had a ghusl (in the situation if your cycle is less than 10 days) by the 15th or 16th which will determine whether your husband had Islamically revoked the talaq or not. (Mukhtasar Quduuri p.149) 

If you had completed the periods and had a ghusl by then, then the talaq has occurred and your husband cannot take you back. If however, you were still on your periods then the revoking of the talaq would be considered correct.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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