Can One Reconcile After a Triplicate Talaq Ba’in While in a Waiting Period (Idda)?

Answered by Mawlana Ilyas Patel

Question

I had a nikah contract with my husband, but due to certain misunderstandings, I took khula from him, and he also sent me one document stating that he was giving me triplicate talaq ba’in. The 3-month idda period/3 menstruation has not passed, and I want to reconcile with him. How can I do so legally as well as Islamically? Please answer as soon as possible as this matter can save our relationship.

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question and for seeking an Islamic answer.

It is good of you both to come to a realization. Divorce is the most odious of permissible matters.

However, in your case, while in the waiting period after the khula, he has also sent you a document stating he has given you triplicate Talaq ba’in. This has ended the marriage, unfortunately, to the extent that the only way you both can return is if you complete your waiting period (idda), remarry someone else, and consummate the marriage, happens he divorces you, and you spend a three-month waiting period, then you may remarry your first husband.

‘Abdullah Ibn ‘Umar (Allah be pleased with him) reported from the Messenger of Allah (Allah bless him and give him peace), said: “The most hated of permissible matters to Allah is divorce.” [Abu Dawud; Ibn Majah]

The innovative form of divorce is that one divorces her thrice in one statement or thrice (or twice) in one period of purity. If he does that, the divorce takes effect, and his wife becomes irrevocably divorced (ba’in) from him. [Maydani, Al-Lubab Fi Sharh al-Kitab]

Given this consideration, I advise you both to consult reliable local scholars and speak to them about the whole situation.

Allah Most High destine what is good for them in this World and the Next, amin.

Related:

• Divorce Archives.
• Can My Husband Be Intimate with Me after an Irrevocable Divorce?
• What Kind of Words or Actions Qualify for Divorce?

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.