Revoking a talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Me and my wife are living sepeartly. I gave her 1 talaq raji, then the following month gave the 2nd talaq raji, a week later I done ruju stating I take her back with 2 Muslim witness before her iddah waiting time. I sent her a copy of this letter to her regarding this, her and her family don’t know what ruju is and they approached a mufti regarding I gave her 2 talaq raji and her iddah waiting time is over, I than received a divorce certificate that I’m divorced, is this right or wrong and if this is wrong what do I do?

Bismillaah

A: If you made ruju’ (revoked the talaaq) before her iddat had terminated, then the ruju’ is valid and she had come back in your nikaah. However if you had revoked the talaaq after her iddat had terminated, then the ruju’ is not valid. By the iddat terminating, the nikaah had ended and it is no longer possible for you to revoke the talaaq and take her back in your nikaah. However, if you both wish to reunite, then a new nikaah will have to be performed with a separate mahr.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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