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.
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, Madrassah In’aamiyyah