Praise be to Allaah.
If a man
divorces his wife and this is the first or second talaaq and she has not
ended her ‘iddah (by giving birth if she is pregnant or by the passage of
three menstrual cycles), then he can take his wife back by saying, “I am
taking you back” or “I am keeping you.” Then his taking her back is valid.
Or he may do some action intending thereby to take her back, such as having
intercourse with the intention of taking her back.
is to have two witnesses to the fact that he has taken her back, so that two
witnesses testify to that, because Allaah says (interpretation of the
when they are about to attain their term appointed, either take them back in
a good manner or part with them in a good manner. And take as witness two
just persons from among you (Muslims)”[al-Talaaq 65:2]
manner a man may take his wife back.
But if the
‘iddah has ended following a first or second talaaq, then there has to be a
new marriage contract. In this case he has to propose marriage like any
other man, to her guardian and to her. When she and her guardian agree and
they agree upon a mahr, then the marriage contract is completed. That must
be done in the presence of two just witnesses.
But if the
divorce is the final – i.e., third – divorce, then she becomes haraam for
him until another man has married her, because Allaah says (interpretation
of the meaning):
he has divorced her (the third time), then she is not lawful unto him
thereafter until she has married another husband” [al-Baqarah 2:230]
So it is not permissible
for him to marry her unless she has been married to another man and the
marriage has been consummated, then he leaves her either through death or
divorce. This marriage must be a legitimate shar’i marriage; if she marries
him just to make it permissible for her to go back to her first husband,
that is not permitted and she does not become permissible (to the first