Fatwa: # 15984
Category: Divorce (Talaaq)
Country: United States
Date: 7th December 2007

Title

I gave her one Talaaq and now we want to reconcile

Question

A few months ago, my wife and I got divorced.  She had asked me for a divorce, so we sat down and discussed the conditions and so forth.  At the end of the discussion, I chose to divorce her. 

Now, however, I have been wanting to remarry her.  We have passed the idaat, so a nikah would have to be performed. 

She says that since I didn't tell her to shape up or or change any behavior or else she would get divorced (or that I would revoke the divorce if she satisfied certain conditions), that because of that her opinion is that the divorce is final (Talaq al-Bain).  I do not agree.  Also, I admit that I had no intention at the time of getting back together with her, but from what I've read I don't understand that to constitute talaq al-bain, so I am writing to you to see if it does.

Answer

In the name of Allah, Most Gracious, Most Merciful  

Assalaamu `alaykum waRahmatullahi Wabarakatoh

You have issued your wife only one talaq. If you wish to reconcile with your ex-wife, you may do so by re-performing the Nikah. Your wife’s claim that the one talaq – bain is final as you dud not make the talaq a conditional one, is incorrect.

And Allah knows best

 

Mufti Ebrahim Desai
Darul Iftaa

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