Question #13-74: How to take ones wife back after a Talaq?

Question:

Jazakallah khair sheikh Mustafa While I was on my edda my husband and I agreed to go back to each other before my edda. This was over the phone but a few days later I regretted going back to him and told him I made a mistake. We had no physical contact because we were in different states.  Does this mean he took me back or do I continue with edda. I read on Islam q and a that husband has to either have witness to take back the wife or they need to sleep together. We didnt do either of this.  I am very confused over this matter. Please can explain the ruling on this.

Answer:

In the name of Allah The Ever-Merciful.

The ruling is that if a man divorces his wife and this is the first or second divorce and she has not ended her ‘iddah then he can take her back by saying, “I am taking you back” or “I am keeping you” in front of two witnesses. Also, he may do some action intending to take her back, such as having intercourse.

The Sunnah is to have two witnesses present when the wife is verbally taken back, so that two witnesses testify to this action.  Please see what Allah says in the Quran:  “Then 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]  

Now, what I have understood from your emails is that: your Iddat has ended and that your husband did not take you back in front of two witnesses nor had sexual contact with you. If this is the case, then your divorce is valid. Accordingly, in order for you to go back with the brother (provided that this is not the third divorce), you will need to have a total new contract of marriage (new nikah). Meaning, witnesses, new dowry, wali and your consent.

Allah knows best.

Jazakallah

Shk. Mostafa

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