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One Divorce

Answered according to Hanafi Fiqh by ShariahBoard.org

Assalamualaikum,

I had gotten into an argument with my wife in which things escalated and I gave her one talaq and left the house after that angrily. I went back the next day to calm the situation and I rujoo her thereafter everyday by stating to her that she is still my wife. Is the marriage valid in this situation?
Please advise.

Jazak Allah

One Divorce

الجواب وبالله التوفيق 

As per the situation described in your question, as a result of the divorce you issued to your wife طلاق رجعی (Revocable Divorce) took effect, in which there is room for رجوع (reconciliation).

If the رجوع (reconciliation) was within the period of ‘Iddah, which you performed by calling her your wife, then رجوع (reconciliation) is considered effective and your Nikah with her is still valid.

If you performed رجوع (reconciliation) after the completion of the period of ‘Iddah, then it is not considered effective and the Nikah has been invalidated, however, in this situation second Nikah can be performed.

Note: The duration of ‘Iddah is three menstrual periods for a woman who still receives her period and three months for women who do not receive their period anymore.

و تصح فی العدۃ ان لم یطلق ثلاثا و لو لم ترض

(کنز الدقائق : باب الرجعہ) 

و ینکح مبانتہ فی العدۃ و بعدھا

(کنز مع البحر، باب الرجعہ، فصل فیما تحل بہ المطلقہ)

واللہ اعلم  بالصواب 

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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