My brother’s wife went to her house and got her baby delivered and after some time she did not come. Even upon husbands request to come she did not come so he gave her talaq. Again after some time he called her but she kept delaying. One day he asked this: you said you will come she said my father has not decided when I should go. Finally he issued another talaq. The span between first and second talaq may be around 2 months or so. When second talaq was issued the same day she came and both are well settled now. So whether their marriage is valid or nikah is again required. Please put some light from the Shariah rulings.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 489/489/M=04/1435)

As per the question mentioned above, after the husband gave first talaq whether he did ruju (took back) the talaq or not during iddah, the second talaq occurred if given within iddah (three menses). So if the wife came back after second talaq and lived as husband wife and they had sexual relations, then the nikah is intact but the husband will have the right of only one talaq in future; therefore he has to exercise maximum restraint.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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