I have been married one year ago, and on Jan 18, 2012, my wife took khula, but now she is repenting and want to come back to me. In this regard I consulted Maulana here in Muscat who is from Deoband, he saw the khula nama and told me that I can take her back as the khula nama is not having any condition of returning money or anything else. He quoted the fatwa from Fatawa Shami 605/2, stating that this is talaq bayin, and in this case with new nikah and new mahr rejoining is possible. Kindly help to know the confirmed fatwa from you.
Answer
(Fatwa: 1385/1025/D=1433)
If there is neither any explanation of three talaqs in the khula nama nor you have given any talaq before khula then in this case it seems the case of talaq bayin. If you want to do nikah again on new mahr then you can do with the agreement and consent of your wife.
The copy of khula nama is not before us hence we cannot give any definite ruling. However, you can follow what the Alim sahib said.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband