Taking the Wife Back During Her ‘Iddah is Valid
Fatwa No: 380685

Question

Aslaam o alikom Brother, year before my husband gave me one talaq. I was in my parents home and i spent my whole iddah in my parents home but we were in touched on phone. I asked for talaq because he was involved with someone else and still he is with her. I gave him my iddah time to repent and leaved that woman. He asked for forgiveness and come back home but he didn't leave her so i didn't come back and we both were agreed that this is talaq and i am in my iddah. I asked him many times and even when my iddah was abt to finished that is that a valid islamic talaq he said yes but Leave and come home. We both were agree that i am divorced after finishing iddah time. Now after many months he called me and said i talked to someone this is not talaq you are still my wife becoz i didn't give u heartily and in my heart i always think u as my wife. But he didn't uttered such words in front of me. Whenever i asked, Is that talaq he said yes it is, But come home. Please help me brother, now after year he is claiming that i am his wife. JazakAllah

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If your husband had pronounced divorce to you using an explicit wording, then divorce took place and it does not depend on his intention. Ibn Qudaamah may  Allaah  have  mercy  upon  him said: “The explicit divorce takes place even without intention.”

However, if he had taken you back during your ‘Iddah (waiting period), then his taking you back is valid and it does not depend on your consent. Knowing that the expression "leave and come back" may serve as a metaphor for taking you back, so it is valid if he intended to take you back by saying it.

Nevertheless, if he had not taken you back until your ‘Iddah had expired, then you became divorced from him (a revocable divorce) and he cannot take you back except with a new contract. If he insists on taking you back without a new contract, then take the matter to an Islamic court, if any, or else communicate orally with any scholar in your country whom you trust in his knowledge and religion.

Allah knows best.

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