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Reconciliation after divorce

Fatwaa ID: 1556

Question:
Assalaamalaikum wrwb
I have a question wrt divorce , iddah and remarrying same person again.
In case of 1st time divorce and divorce was given only 1 time && if iddah is over without reconciliation — I understand that it means divorce has occurred.
Do this same couple have the option to remarry each other after iddah has passed, irrespective of how much time has passed after iddah ended ? Is new / fresh nikaah required again ?

I hope my question is clear.

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

If a man issues one talaaq raj’ee (revocable) to his wife and he does not revoke it during the ‘iddah period, then that divorce will become a talaaq baain (irrevocable). If he wishes to reconcile now, then he will have to marry her with a new nikaah, i.e., with her acceptance, with a new mahr and in the presence of two witnesses.

The above is only permissible if he issued a total of one or two talaaqs previously. If three talaaqs were issued, then there is no reconciliation unless a valid halaalah takes place.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

01/14/1445 AH – 08/01/2023 CE | AML1-8127

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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