A revocably-divorced woman marrying without knowing that her husband has taken her back

9-3-2011 | IslamWeb

Question:

What is the ruling if a revocably-divorced woman ‎marries without knowing that her husband has ‎taken her back? ‎
Is her second marriage valid? Does the first husband have the right to restore her?
May Allaah reward you.

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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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

If a man informs his wife that he has divorced her revocably and takes her back during the ‘Iddah (waiting period), the restoration is valid even if the divorcee was unaware. Allaah The Almighty Says (what means): {And their husbands have more right to take them back in this [period] if they want reconciliation.} [Quran 2:228]

Scholars define restoration during the ’Iddah of the revocable divorce as, “taking back one’s divorced wife regardless of her consent.”

However, if the revocably divorced woman does not know that her husband has restored her until her ‘Iddah expires and another man marries her, and then the first husband comes and proves that he has taken her back, she is still his wife as long as the second husband has not consummated the marriage with her.

If the first husband comes after the consummation of the second marriage, scholars disagree regarding this issue :

1- The majority of scholars are of the opinion that the wife must return to the first husband, because his restoration is valid and she married the second man while she was still the wife of the first husband. Probably, this is the preponderant opinion. In such a case, the first husband has to refrain from having sexual intercourse with his wife until the expiry of the ‘Iddah of her second marriage.

2- Other scholars said that the woman should remain the wife of the second husband because he is her current husband and consummation invalidates the first marriage.

Allaah Knows best.