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Divorce after taking his wife back

Answered according to Hanafi Fiqh by DarulIftaBirmingham
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Answered by Molana Muhammad Adnan


Question:


If a Muslim has divorced his wife and then took her back but after that he has discovered that the divorce he made was unvalid, is it count as one divorce or not ?


Answer:


Bismillah


If the conditions of divorce are not met then a divorce will not take place. Saying that, if you announced and told people “I have divorced her”, even if you hadn’t divorced her up to then, divorce will take place[1]. Divorce is such a serious issue that even if it is issued out of a joke it will take effect


The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife).”


[Abu Dawood, 2194; al-Tirmidhi, 1184; Ibn Maajah, 2039]


Written by Molana Muhammad Adnan


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


[1] Qudoori


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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