How Do I Revoke a Divorce I Gave When My Wife Was Menstruating?

Question: How Do I Revoke a Divorce I Gave When My Wife Was Menstruating?

Assalamu ‘alaykum.

I said the word divorce once to my wife. She was having her period that day when I said that word. Later the same day we cleared the misunderstanding between us but we had no sexual relation because I was left for work out of the city. Now it has been 40 days and she already had her 2nd female period.
I have 3 questions in this regard.

1. Since she was having her periods so will that period be counted or not?

2. I am still physically away so is it required to have sexual activity between us to ruju? I did not new about intercourse being required otherwise I would have done that before leaving for work.

3. In case if she has her 3rd period (including the period when I used that word) before my return then what will be the right way to save the marriage?

Answer:

Wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

Divorces During Periods Are Valid – But Sinful

The divorce during a woman’s menstrual cycle is valid, but a sinful act for which one must repent from.  One of the Companions did this and the Messenger of Allah (Allah bless him and give him peace) was angered by it (Bukhari). Words have consequences – beware! Ask Allah for forgiveness and don’t repeat it. The ‘idda does not start until her next menstrual cycle.

Revoking a Divorce

To revoke a divorce you just need to say “I take you back” or to engage in any act which displays intimacy, such as a kiss or a hug. If you did anything like that the divorce was revoked.

If the ‘idda ends without the husband having revoked a revocable divorce, as in this case, the couple simply need to conduct a new marriage contract (nikah) with a new mahr payment for her. This is only the case if he has not given her three divorces.
(Maydani, al Lubab)

See also: What Are the Rulings of ʿIdda (Waiting Period)?-https://seekers.flywheelstaging.com/answers/hanafi-fiqh/rulings-ʿidda-waiting-period/

What Are the Rulings of the Waiting Period (‘Idda)? [Video]- https://seekers.flywheelstaging.com/answers/hanafi-fiqh/rulings-waiting-period-idda/

May Allah forgive all our sins.
[Shaykh] Abdul-Rahim

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.