Was my divorce revocable or final, and what does the difference mean for me?
After a first or second divorce in a consummated marriage, with no payment, the divorce is revocable: during the iddah he may take her back, and the books describe this by words such as "I have taken you back".123 A khulʿ or a divorce for payment is a minor final divorce, with no taking back, and a third divorce is a major final divorce.45 This page is not proof of anyone’s marital status and says nothing about intimacy; those questions go to your imam.
What the four schools say
The schools agree that in a revocable divorce he may take her back by words during the iddah, and that after a khulʿ or a divorce for payment he may not. They differ on witnesses: recommended in the Ḥanafī and Mālikī texts, not a condition in the Shāfiʿī new view or in the Ḥanbalī school (one narration from Aḥmad makes them a condition). They also differ on whether anything other than words counts; this page does not cover that.
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Ḥanafī الحنفية
Rajʿah continues the existing marriage, without payment, while she is in the iddah of a consummated marriage, by words such as "I have taken you back".3 It is recommended that he tell her, so that she does not marry someone else after the iddah, and that there be witnesses.10 Khulʿ is a final divorce.11
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Mālikī المالكية
Rajʿah is by words with the intention of taking her back, such as "I have returned my wife to my marriage".12 Witnesses are recommended.13 Khulʿ is a final divorce.14
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Shāfiʿī الشافعية
Rajʿah happens with words such as "I have taken you back"; in the new view witnesses are not a condition. It is only for a wife divorced without payment, after consummation, with divorces remaining, while she is still in the iddah.2 After a khulʿ or a divorce for payment there is no rajʿah.4
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Ḥanbalī الحنابلة
Rajʿah happens with words such as "I have taken her back". Witnesses are not a condition (one narration from Aḥmad makes them one), and the books say it does not need her consent or, by consensus, her knowledge.15
What can change this
- A divorce before the marriage was consummated has no iddah in which to take her back.6
- The Qurʾān: "Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment."7
- ʿImrān ibn Ḥuṣayn told a man who took his wife back without witnesses: "Call someone to bear witness to her divorce, and to her return in marriage."8
- Once the iddah of a revocable divorce has run its full term without a rajʿah, a return would need a new marriage contract, and the Qurʾān says not to prevent women from remarrying their former husbands "if they [i.e., all parties] agree among themselves on an acceptable basis."9
Sources
- 1
Qurʾān, al-Baqarah 2:228
- 2
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 241
- 3
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:397–398
- 4
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 227
- 5
Qurʾān, al-Baqarah 2:230
10 more sources, 6 to 15
- 6
Qurʾān, al-Aḥzāb 33:49
- 7
Qurʾān, al-Baqarah 2:229
- 8
Sunan Abī Dāwūd 2186 · Sahih (Al-Albani)
- 9
Qurʾān, al-Baqarah 2:232
- 10
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:401
- 11
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:444
- 12
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:416
- 13
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:424
- 14
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:351
- 15
al-Buhūtī, Sharḥ Muntahā al-Irādāt (Ḥanbalī), 3:148