Is it permissible for the husband to take back his wife after giving her an irrevocable divorce (Talaaq-e-Ba’in)?

Question:

If a man irrevocably divorces his wife once but takes her back without a new marriage contract then is his marriage valid ? If he subsequently after the 1st irrevocable divorce divorces her revocably(after 6 months) then is his 2nd pronouncement of divorce ineffective as they are not legally married due the no new contract after the 1st irrevocable divorce ?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

If a man gives his wife one irrevocable divorce (Talaaq-e-Ba’in), then the marriage between the husband and wife has terminated. They cannot live together as husband and wife until they remarry through the mutual consent of one another. It is not permissible for the husband to merely take back his wife without remarrying her.

However, if a man has given his wife a revocable divorce after an irrevocable divorce, it will be valid as long as she is in her Iddah. If the revocable divorce was given after the expiry of her Iddah (waiting period), then it will not be valid. The Iddah of a pregnant woman is until she gives birth. The Iddah of a non-pregnant woman is three menses.[1]

And Allah Ta’āla Knows Best

Checked and Approved by,
Mufti Ebrahim Desai.