What is the solution about the wife’s refusal to return after the first and second divorce?
Withdrawal after divorce Withdrawal: It is the return of a man to his wife after a divorce from her first or second divorce without an irrevocable divorce – during the waiting period – without a new contract or dowry; للمحافظة على الزواج، قال الله – تعالى – : “الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّـهِ فَلَا تَعْتَدُوهَا And those who transgress the boundaries of God are wrongdoers.” And God, glorified be He and exalted be He, prescribed the right of the husband to return his wife to his intimacy during the waiting period, with or without her consent.. This is because of his right to do so; Where has it been mentioned in the Holy Qur’an as he – the Almighty – said: “And their spouses have more right to bring them back in it if they want reform.”
One of them often asks: My husband once divorced me, and after ten days he said: I remarried you, I told him: Even if I don’t want you? He said: You are my wife. The questioner says: What does Sharia prescribe in this case? – Yes – say lawyers: If a man divorces his wife for the first time, one divorce is counted as a revocable divorce, i.e. the husband has the right to return her to his wife without a contract or dowry as long as she is waiting for her, and if divorces her for the second time as a one-time divorce, this revocable divorce is also taken into account. The second, and the husband has the right to review it in the way he did the first time, because the Almighty God said: “… and their spouses have the right to return them to that if they want reform.”
The extent of the wife’s refusal to return after the first or second divorce
And if he divorces her a third time, one divorce, then she is a complement to the three, and he has no right to take her back, neither during the waiting period nor after the waiting period, unless he marries another and another. the husband divorces her according to his will, then he is allowed to return to her with a new contract and dowry just like the first time he married her, and the three separations do not count for her. As long as she married and divorced another husband, and the return is achieved by one of two formulas: either by speaking, and he says to her: I return you to my wife, or by deed, as if he had intercourse with her with the intention of taking her back, which forces us to touch on the answer to the question to what extent it is permissible for a woman to refuse to return after the first or second divorce.
In this regard – says legal expert and lawyer Muhammad Adel – a man can return his wife after divorcing her, whether it was the first divorce or the second divorce, and that divorce was irrevocable, and therefore the waiting period for the wife also does not need a dowry or a new contract, and the jurists have determined By defining return after divorce as a man taking his wife again after divorcing her, and this happens during the waiting period, and therefore he should not make a dowry or a new contract in order to preserve the marriage, and this is what the Most High God said in His Holy Book, where He Most High said:
“الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّـهِ فَلَا تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّـهِ فَأُولَـٰئِكَ هُمُ الظَّالِمُونَ”.
When is it permissible to take the wife’s consent to take it back?
And according to “Adel” in the press statements: In addition, God Almighty instituted marriage with the right of recourse in case of divorce, and therefore a man can return his wife to his wife during the periods determined for him, whether this matter is with her consent or was it without her consent, because he has a right in this matter, and this is also mentioned in the book – Allah the Exalted – where God the Exalted said: “And their spouses have more rights to bring them back in it if they want reconciliation.” On this basis, the wife’s refusal to return after the first or second divorce and before the expiry of the waiting period, she is not allowed to do so.
According to “Adel”: a revision that occurs in a marriage or what is called a revocable divorce and the wife’s refusal to return after the first or second divorce. This divorce does not have the wife’s will in it, because the wife is still under the authority of her husband at this time, and therefore her consent should not be taken in This is the matter, and the wife has no right to object when her husband wants to take her back again during the period of waiting or revocable divorce, and the question comes.. Doesn’t the wife have the right to object to her return to her husband? The answer is – yes – she has the right to object, but not in this case. She has the right to object when the grace period expires, and if a woman wants to marry her ex-husband after the grace period expires, then the husband must provide a dowry and a new contract.
How to get back after a revocable divorce?
And the legal expert adds: If a man divorces his wife and that divorce is not irrevocable and his wife is still in the waiting period, then this thing can return her, but the sunnah in this is to witness this return, because most jurists say that it is necessary to testify in order for the return to happen, and the return happens through two things are as follows:
Withdraw by saying: It happens when a man who has divorced his wife says, “I will return to you,” or says to her, “I have returned you to my intimacy.” However, these statements should be explicit when the husband takes his wife back, because withdrawal cannot be the truth of the intention, and therefore all these should be The sayings we have mentioned indicate the intention of return, besides there is agreement among all scholars about the validity of the return if was verbal.
The difference between lawyers and doctrines in the method of return
Withdrawal in Action: There is a difference of opinion among the jurists on this matter, and among these differences are the following:
As for the Shafi’is: They said that it is not permissible to repay by deed, whether through sexual intercourse or what indicates it, and it should not be except by words alone.
As for the Malikis: they said that return can happen through an act, whether it was sexual intercourse with its premises, but there should be an intention to return.
– Hanbelius: They said that taking it back is allowed only in the case of sexual intercourse, and it is not allowed with introductions related to it or in any other way.
Hanafis: They said that the return can happen through an act, whether it was sexual intercourse or with its preludes.
Conditions for return after divorce:
“Adel” pointed out: A husband can return his wife after divorcing her for the first or second time, and therefore the wife should not be refused to return after the first attempt, but the man must know a number of conditions for return after divorce, whether in the case of the first or the second case. In the case of a second divorce, these conditions include the following:
1- This husband should be of age and be healthy, because the return should not be from an apostate person or a mad person or a drunkard or a boy, all of whom lack the ability to possess a full will.
2- The husband should properly consummate the marriage with the wife in case the divorce occurred after the consummation of the marriage with his wife, but if the divorce occurred before the man consummated the marriage with his wife, then there is no turning back. in this divorce, because a woman does not have iddah before a man marries her. The evidence for this is the words of Allah Almighty: (O believers, when you become believers, then you divorced them before you.) touch them, so what is it for you, and for you, for you, for you, for you.
3- The man should initiate the revocation either physically or verbally after the man has executed the revocable divorce.
4- If a man made a third divorce, then this should not happen because the return takes place after a revocable divorce, whether it was the first divorce or only the second divorce. As for the third divorce, here the divorce is irrevocable. and has its own decisions.
5- A man should only take his wife back during the waiting period, whether it was during the first or second divorce, and therefore should not take his wife back after the waiting period is over. It incubates, so the waiting period for it is three lunar months.