Does Saying “I Take You Back” Constitute a Valid Reconciliation?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

If a husband signed a document indicating one revocable divorce (raj‘i) and during the waiting period (‘idda) expressed words like “I take you back” to the wife or similar phrases to others, would this constitute a valid ruju‘ (reconciliation)?

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.

Yes, this will constitute a valid revoke (ruju‘).

The Ruling of a Revocable Divorce

When a man divorces his wife with a single revocable divorce or two revocable pronouncements of divorce, he may take her back during her waiting period (‘idda), whether the woman consents to that retraction or does not.

To revoke a divorce, one needs to say, “I take you back,” or engage in any act that displays intimacy, such as a kiss or a hug. They become a married couple again.

[Maydani, al-Lubab Fi Sharh al-Kitab]

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

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.