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Talaaq raj’ee

Fatwaa ID: 1856

Question:
Assalamu alaikum
If a a person give one talaq Raji
What they do to get together do the remarry. What is the difference between talaq Raji talaq bain

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

  1. To revoke a talaaq raj’ee, the husband has to simply tell his wife during the ‘iddah period that he is taking her back into his marriage. Her consent is not necessary. According to the Hanafi legal school, it will be sufficient as well to engage in marital acts to effect a revoking of the talaaq raj’ee.
  2. Talaaq raj’ee refers to a revocable divorce. Express words of divorce constitute a talaaq raj’ee unless stated otherwise. The husband has the unilateral right to revoke it during the ‘iddah period. Once the ‘iddah period ends, it becomes irrevocable (baain).
    Talaaq baain refers to an irrevocable divorce. This is generally effected by ambiguous words of divorce coupled with the intention of divorce. Likewise, an express issuance of an irrevocable divorce would effect this. In a talaaq baain, the husband does not have the right to unilaterally revoke the divorce. Rather, should the couple wish to reconcile, a new nikaah with a new mahr in the presence of witnesses will have to be contacted.

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

04/09/1445 AH – 10/24/2023 CE | AML1-8464

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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