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Chapter twenty-nine » Khulʿ divorce → ← Chapter twenty-nine » Irrevocable (bāʾin) and revocable (rijʿī) divorce

Chapter twenty-nine » Laws of returning to one’s wife

Ruling 2542. In a revocable divorce, a man can return to his wife in two ways:

1.
he says something that means he has re-established the marriage with her;
2. he does something with the intention of returning to her. Having sexual intercourse ascertains this even if he does not have the intention of returning to her. As for kissing and touching with lust, this is problematic, and based on obligatory precaution, if he does not intend to return to her he must divorce her again.

Ruling 2543. In order to return to his wife, it is not necessary for a man to have a witness or to inform his wife; in fact, even if he returns to her without anyone knowing, his return is valid. However, if after completion of the ʿiddah the man says, ‘I returned to her during her ʿiddah’ but the wife does not substantiate his claim, the man has to prove his claim.

Ruling 2544. If a man who has given his wife a revocable divorce takes some property from her and arrives at a settlement (ṣulḥ) with her that he will not return to her, then although this settlement is valid and it is obligatory on him to not return to her, his right to return to her is not abolished. Therefore, if he does return to her, the marriage will be re-established.

Ruling 2545. If a man divorces his wife twice and returns to her, or he divorces her twice and after each divorce he concludes a marriage contract with her, or he returns to her after one divorce and concludes a marriage contract with her after the other divorce, then after the third divorce the woman becomes unlawful for him. However, if she marries another man after the third divorce, she becomes lawful for the first husband – meaning that he can marry her again – on fulfilment of five conditions:

1.
the marriage to the second husband is a permanent one; if it is a temporary marriage, then after her second husband separates from her, the first husband cannot marry her;
2. the second husband has had sexual intercourse with her; and the obligatory precaution is that it must be vaginal intercourse, not anal;
3. the second husband divorces her or dies;
4. the ʿiddah of divorce or the ʿiddah of a widow with respect to the second husband comes to an end;
5. based on obligatory precaution, the second husband is bāligh when they have sexual intercourse.
Chapter twenty-nine » Khulʿ divorce → ← Chapter twenty-nine » Irrevocable (bāʾin) and revocable (rijʿī) divorce
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