Taking the wife back during her waiting period (ruju')
How a husband may take his wife back after a revocable divorce, while her waiting period is still running, without a new marriage contract.
If a husband has given his wife a divorce that can still be undone, he can take her back while she is in her waiting period, and they carry on married - no new wedding is needed.
Returning to one's wife during her waiting period, after giving one or two revocable divorces, in order to keep the marriage going, is called revocation (rujuʿ).
Reconciliation is only possible for a revocable divorce. It cannot happen once the waiting period is complete, or after an irrevocable divorce has been given. For a light irrevocable divorce, a new marriage contract is required instead; for a severe irrevocable divorce, halalah becomes necessary - completing her waiting period, then a valid marriage to another man which is consummated, then that husband divorcing her and her completing his waiting period too.
How revocation is done
- Verbally: the husband tells his wife, "I am revoking the divorce," "I am taking you back," or "I will not leave you," or tells someone else, "I have revoked the divorce" or "I have taken back my wife."
- By action: physical intimacy with the wife, or an act equivalent to it, also constitutes revocation.
Rujūʿ is the husband's return to his wife during her ʿiddah, after one or two ṭalāq rajʿī, with the purpose of continuing the marriage.
Rujūʿ is possible only in respect of a ṭalāq rajʿī. It cannot occur after the ʿiddah is complete, nor after a ṭalāq bāʾin. In the case of ṭalāq bāʾin khafīfah, renewal of the nikāḥ is required instead; in the case of ṭalāq bāʾin mughallaẓah, ḥalālah of the woman becomes necessary - completion of her ʿiddah, then a valid nikāḥ with another man which is consummated, then that husband's ṭalāq of her, and her completion of his ʿiddah as well.
The two forms of rujūʿ
- Qawlan (verbally): the husband tells his wife "I am revoking the divorce," "I am taking you back," or "I will not leave you," or tells a third party "I have revoked the divorce" or "I have taken back my wife."
- Filan (by act): physical intimacy, or an act equivalent to it, itself constitutes rujūʿ.
Terms on this page
Related
- Revocable and irrevocable divorce, and divorce before consummation The difference between a divorce the husband can take back and one he cannot, the two degrees of irrevocable divorce, and how many divorces count for a wife who was never consummated.
- The kinds of divorce: ahsan, hasan, and bid'ah The prescribed (sunnah) methods of giving divorce - ahsan and hasan - set against the innovated (bid'ah) methods that go against them.
- The waiting period (iddah) after divorce or death Why a wife must wait before remarrying, and how long the wait is for a divorced, widowed, pregnant, or never-consummated wife.
- Further rulings connected to marriage and divorce A missing husband, apostasy, words of disbelief, a new Muslim's existing marriage, a minor girl's engagement, and the limit on marrying more than one wife.