The husband told wife that they should go their separate ways, intending divorce, but thereafter took her back. What is their condition?
Question
The question text was not published separately; the title stands in for it.
The husband told wife that they should go their separate ways, intending divorce, but thereafter took her back. What is their condition?
Answer
If the husband told his wife a statement to the effect, ?go separately? with the intention of divorce, that constitutes a Talaaq-e-Baain, which implies that the marriage bond has been severed.
If the husband did not issue his wife two revocable divorces before this divorce, then he has to renew his marriage with his divorced wife. He cannot just take her back. If he issued his wife two revocable divorces before this divorce, then this divorce will conclude as Talaaq-e-Mughalladhah (permanently irrevocable divorce). They cannot live together as husband and wife.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/9827
Fatawa SA: https://fatawa.co.za/fatwa/askimam-9827
People also ask
Is a conditional talaaq ('if you do this you are divorced') valid?
“A.The statement, “if you call, message or contact him (ex-husband) through social media, you are divorced” of a husband to his wife constitutes a conditional divorce (At-Talaaqul Muallaq).”
Jamiat KZN · 70 fatawa from 5 Darul Iftas on this
What the Darul Iftas sayRelated fatawa
Mufti Online7 Oct 2012Allah haafiz intending divorceIf a man tells his wife Allah haafiz intending divorce will it fall.
Ibn Masood23 Feb 2024By saying ‘Do you want to go separate ways’ constitute Talaaq?If a husband during an argument with his wife, tells her, “Do you want to go your separate ways” and then…
MUBZ17 Jun 2026A Musāfir Intending a Wājib Fast in RamaḍānCan a musāfir fast a wājib vow fast instead of a fardh ramadhān fast And will will the vow fast be counted…
Ask Imaam17 Nov 2022My friend said to his wife “my ways and your way are separated now” is this divorce?My friend had a fight with her wife and he said that my way and ur way are separate now, but he didnt mean…- Ask Imaam27 Sep 2018Am I divorced?He said in Urdu “mae tum ko abhi talaaq dayta hun” I give you talaaq right now. So what should be done ? Can…
- Ask Imaam7 Dec 2001My husband told me "I divorce you" on three separate occasions, without witnesses,however he denies it. Am I divorced?I have since left him but he wants me back. I don't intend to go back. What should I do?