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Divorce in Arabic

Answered as per Hanafi Fiqh by Askmufti.co.za
Q: If a man says the word divorce just the once in Arabic to his wife, after which he has no physical contact with his wife for a month. Does a second divorce apply? Or does it have to be verbally given? If physical contact is made does the first divorce cancel automatically? Or does that remain in place?

A. According to what you have written, she was given one divorce with the Arabic word of divorce. In a case where there was no physical contact for a month the second divorce does not automatically fall. If the husband wants to give a second divorce, he shall have to say the word ‘Talaaq’ or ‘divorce’ a second time.

If after the first divorce there is physical contact between husband and wife and this takes place during the Iddat period, they become husband and wife again without a need to renew the Nikah. Now the husband will have two of the three Talaaqs left.

Moulana Yusuf Laher
Checked and approved by: Mufti Siraj Desai

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

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