Am I Divorced?
Hanafi Fiqh
Answered by Shaykh Abdurragmaan Khan
Question: I had been separated from wife for a few years but met on several occasions. However, one day my wife said it was over and I gave my wife a Talaq but she later wanted to get back. And when my wife again said that the marriage was over, feeling anxious and stressed, I gave her a Talaq. However, I regretted it immediately and told my wife that I wanted her back. Am I divorced?
Answer: Wa alaykum al-Salam
From your question it appears that you gave your wife two valid divorces, and after the second divorce, you almost immediately took her back as your wife (raj’ah). If the above is correct, then you are still married to your wife.
Note that if you were to give her a third divorce, you will not be able to take her back as a wife unless she marries another man, consummates the marriage with him and thereafter he divorces her. You would then have to wait till her waiting period expires and then marry her in order for her to be halal for you again.
And Allah knows best
[Shaykh] Abdurragmaan Khan
Note: Given the considerations in such cases, please consult reliable local scholars about the specifics of the situation. Jazakum Allah khayr.
Checked and approved by Shaykh Faraz Rabbani
Shaykh Abdurragmaan received ijazah ’ammah from various luminaries, including but not restricted to: Habib Umar ibn Hafiz—a personality who affected him greatly and who has changed his relationship with Allah, Maulana Yusuf Karaan—the former Mufti of Cape Town; Habib ‘Ali al-Mashhur—the current Mufti of Tarim; Habib ‘Umar al-Jaylani—the Shafi‘i Mufti of Makkah; Sayyid Ahmad bin Abi Bakr al-Hibshi; Habib Kadhim as-Saqqaf; Shaykh Mahmud Sa’id Mamduh; Maulana Abdul Hafiz al-Makki; Shaykh Ala ad-Din al-Afghani; Maulana Fazlur Rahman al-Azami and Shaykh Yahya al-Gawthani amongst others.