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Tuesday, July 17, 2012

1b] When taking the wife back (following a revocable divorce), it is not essential that the wife know

1b]
Ibn Qudaamah (may Allahhave mercy on him) said: If the husband of the
revocably divorced woman takes her back without her knowledge, that
taking back is valid, because it does not require her consent and
therefore it does not require her knowledge either, as in the case of
talaaq. If he took her backand she did not know, then her 'iddah ended
andshe married someone else, then he comes and claims that he took her
back before her 'iddah ended, and he has proof of that, it is proven
that she is his wife and the second marriage is invalid, because he
(the second husband) married the wife of another man. So she is to be
returned tothe first husband, whether the second husband consummated
the marriage with her or not. This is the correct opinion and it is
the view of most of the fuqaha', including ath-Thawri, ash-Shaafa'i,
Abu 'Ubayd, and ashaab ar-ra'y. It was also narrated from 'Ali (may
Allah be pleased with him).
A second report was narrated from Abu 'Abdillah (may Allah have mercy
on him): if the second husband has consummated the marriage with her,
then she is his wife and the first marriage becomes invalid. This was
narrated from 'Umar ibn al-Khattaab (may Allah be pleased with him),
and it is also the view of Maalik. Something similar was narrated from
Sa'eed ibn al-Musayyab, 'Abd ar-Rahmaan ibn al-Qaasim and Naafi'. End
quote from al-Mughni, 7/411
Based on that, perhaps you can consult a lawyer to see whether it is
possible to reopen the case of khula' easily after it was closed, or
whether it is possible to leave it without closing it. Or you can try
to find out your husband's attitude by anymeans, so that you can find
out whether he took him back before the end of your 'iddah or not, so
as to know exactly where you stand.
We ask Allah to make things easy for you and todecree good for you
wherever it may be.
And Allah knows best.

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