IslamQA

Taking one’s wife back after a talaaq-e-baain

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Please advise me. During an argument I said to my wife “we’re over” with the intention of divorce. Then two days later I said to her “stop calling me, its over” again with the intention of divorce and then a week later I said to her “you’re on your own” with intention of divorce. Then I gave her one written talaq in a letter. So now we find out she is pregnant, can I take her back or not?

Bismillaah

A: The first talaaq “we’re over” was baain and your written talaaq was raj`ee. If both were issued while she was pregnant then she has received two divorces and is out of your marriage. If you need to go back to her you have to renew the nikaah.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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