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Two Divorces and Reconciliation

Answered according to Hanafi Fiqh by Askmufti.co.za

Q: I have given two talaaqs (divorces) but have reconciled. Is a new nikaah (marriage) necessary, or are there any other requirements? The first talaaq was given in October 2010 verbally, thereafter we reconciled. After some problems in 2011 I issued a second verbal talaaq during June. I moved out of the marital home till December when we decided to reconcile. I need to know if a new nikaah is now needed.

A: The reconcile phase, is the Iddat of three menstruation cycles.  You may take her back within that period by verbally stating that you have taken your wife back or by an act of intimacy with her. If the Iddat has expired then you must make Nikah to her again if the two of you wish to make up. This applies if one or two clear and direct Talaaqs were issued.

However, if you had given her a Talaaq Baa’in, then you can only reconcile by making a new Nikah in the Iddat or afterwards. You did not mention when you took her back after the first Talaaq. If it was within the Iddat period, then it was okay. If it was after the Iddat period then that reconciliation is not valid and a new Nikah had to be performed.

In the second Talaaq the reconciliation took place after the Iddat period, thus not valid, so a new Nikah is required. Note that IF you reconciled after the expiry of the Iddat period in the first Talaaq, it was not valid and the second Talaaq was not also valid because it took place after the Iddat period expired.

Moulana Yusuf Laher
Checked 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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