If someone gives one Talaq to his wife then if they do not get back together after 3-4 months then does it turn into divorce?

Answered according to Hanafi Fiqh by Askimam.org

If someone gives one Talaq to his wife then if they do not get back together after 3-4 months then does it turn into divorce?

Secondly, if after maybe 2-3 years they decide to get back together (keeping in mind only 1 talaq was given at that time) then is it possible or do they have to do the nikah and/or Halala?

Thirdly whats the concept of Separation in Islam. Please reply as I am extremely worried about my kids future but have been dealing with an extremely nagging and physically abusive wife for the past 7 years.

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Please take note of the following points:

1). Talaq means divorce.

2) The effect of issuing one revocable divorce (talaq-e-raji) is that the husband may take back his wife during the ‘iddah period (‘Iddah period is three menstrual cycles if she experiences menses or alternatively three months if she doesn’t experience menses. If she is conceived, the ‘iddah will be until delivery.), whether she agrees or not. In reference to your question, if the ‘iddah period has not terminated after three or four months of the divorce, you may take your wife back.

N.B. If the divorce was issued during menses, the following cycle will be considered as the first cycle for ‘iddah. If divorce was issued in tuhr (days without menses), the cycle following immediately will be considered the first cycle of the ‘iddah.

3). If the husband does not take back his wife during the ‘iddah period, the marriage terminates completely. If he wishes to get back together, he will have to renew his nikāh.[1] The ex-wife will have a choice of accepting/declining the proposal from her ex-husband. Halālah is only necessary if three divorces were given.[2] In reference to your question, halālah will not be necessary.

4). What do you mean by separation? If you have a specific query regarding separation, you may send your query [email protected] or [email protected]     

And Allah Ta’āla Knows Best

Hisham Dawood

Student Darul Iftaa
Chicago, USA 

Checked and Approved by,
Mufti Ebrahim Desai.

 

 

 

 

 


[1]

 وإذا طلق الرجل امرأته تطليقة رجعية أو تطليقتين فله أن يراجعها في عدتها رضيت بذلك أو لم ترض…ولا بد من قيام العدة (الهداية، كتاب الطلاق/ باب الرجعة)

[2]

 سورة البقرة:٢٣٠

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