Revoking a talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have said to my wife on telephone call “that I divorce you”. This is the first time I said this.

1: Can I take back my divorce without intercourse as she is in a different country and we cant meet now? So can I take back verbally only?

2: My wife is a doctor, so during iddat can she work as a Doctor in her country?

3: Me and wife live in seperate countries so can she do her iddat in her own country or is it necessary that she lives with me during iddat?

Bismillaah

A: If this is the first divorce, then it is permissible for you to revoke the talaaq and take her back in your nikaah provided the iddat does not terminate. If the iddat terminates, then it will no longer be permissible 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 be necessary with a separate mahr.

This ruling is in the case where talaaq was issued to a woman with whom the nikaah was consummated with. If one talaaq is given to a woman with whom neither was the nikaah  consummated with, nor did the husband remain in seclusion with her, and thereafter he issued the divorce, then one talaaq-e-baain (irrevocable talaaq) takes place. In this case, if they both wish to reunite, a new nikah will need 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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