بسم الله الرحمن الرحیم با عرض سلام و ادب و احترام خدمت بزرگواران علماي اعلام، اساتيد و فضلاء و طلاب عزيزي که در نشست علمی«مسائل مستحدثه و حوزه علمیه؛ چالش ها و رویکردها» که در جوار آستان ملک پاسبان عالم آل محمّد حضرت علی بن موسی الرضا علیهماالسلام...
چهارشنبه: 1397/08/23 - (الأربعاء:6/ربيع الأول/1440)

Rules regarding return (Ruju’)

 

2533. In the case of a revocable divorce a man can take back his wife in two ways:

  1. By telling her words which would mean that he wants her again as his wife.
  2. By acting in a manner which would convey his intention to take her back.

2534. It is not necessary for taking her back that the husband should call any person to witness, or should inform his wife. In fact, if he takes her back without anyone else realizing this, by saying: “I take back my wife”, the Ruju’ is in order. However, if the husband claims after the completion of ‘Iddah that he took his wife back during ‘Iddah, he must prove it.

2535. If a person who has given revocable divorce to his wife takes some payment from her, making a compromise with her that he will not make Ruju’ to her, though this compromise is valid and it is obligatory on him not to 'return', yet he does not forfeit the right to 'return'. And if he 'returns' to her, the Ruju’ is in order.

2536. If a man divorces a woman twice and takes her back, or divorces her twice and takes her back by Nikah, she becomes Haraam for him after the third divorce. But if she marries another man after the third divorce, she becomes Halal for the first husband on fulfilment of five conditions, that is, only then he can remarry her:

1. The marriage with the second person should have been of permanent nature. If he contracts with her a temporary marriage for one month or a year, and then separates from her, the first husband cannot marry her.
2. The second husband should have had sexual intercourse with her, and as per obligatory precaution, the sexual intercourse should have taken place in her vagina and he must ejaculate.

 

3. The second husband divorces her, or dies.
4. The waiting period (‘Iddah) of divorce or ‘Iddah of death of the second husband should have come to an end.
5. As per obligatory precaution, the second husband should have been Baligh.

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Wednesday / 14 November / 2018