Her husband divorced her and then sent her a message that reads ‘I love you my wife'
Fatwa No: 117418

Question

Assalamu alaikum.2 months ago my husband divorce me by words "you are divorced" after this he was sorry because of this but he was aware what he did.We live in two difrent countrys so during my waiting period we were in touch by sms from time to time.I didnt want to push him to anything,i wanted to give him this time to rethink everyhting if he really want to take me back and to solve problems which make that he divorced me.For all these time he knew that i never wanted divorce and i want to be whit him again very much.But few days ago i got sms from him that he is in Palestin,in Gaza on the war and ask me to pray for him,he write also "I love you my wife".Here is my question if this words mean that he take me back and im again his wife?My waiting period will finish after around 3 weeks and now when he is on the war i dont know what is my status.If he dye i dont know if i will be divorced woman or widow.I love him very much and this, that im not sure of my status make me very sad,much more that i dont want to make him worry there.Please replay me as soon as it possible.Thank you in advance.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

First of all, we ask Allaah to facilitate your matter and make a way out to your difficulty and hardship as well as the hardship of all the Muslims.

As regards your question, if a woman is observing a waiting period from a revocable divorce then she is still considered as a wife (of her husband), and it is permissible for her husband to take her back without a new contract. The text messages which contained the words of divorce or words of taking you back are considered among the metaphors which need intention.

Similarly, the wording that is mentioned in the question "my wife", is considered among the metaphors for taking you back, therefore, if your husband intended to take you back by saying so, then it is a valid taking back as long as you are still in your waiting period. Therefore, this depends on the husband, if his intention is not known, then in principle you are not taken back (to be his wife).

However, if we presume that the husband did not take his wife back, and he died while she is still in her waiting period from a revocable divorce, then in this case, she moves from observing a waiting period from divorce, to observing a waiting period of a woman whose husband has died because a wife who is still in her waiting period from a revocable divorce is considered a wife, so her husband may divorce her again if he so wishes and she is entitled to inherit him if he dies.

Allaah Knows best.

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