QUESTION:
As Salaamu Alaikum,
I would like to know does this hugging during the divorce revoke it the divorce?…
ANSWER:
Wa Alaikum As Salaam,
When the husband hugs his wife with passion and desire after he has given her one revokable divorce or two revokable divorces and she is still in her iddah (waiting period), then this hugging will be considered as revoking the divorce. They can now continue to live as husband and wife in the marriage. However, the divorce given will be counted.
Similarly, if the wife hugs the husband in the above situation with passion and desire and the husband allowed her to do so without stopping her while he had the ability to stop her, then this hugging by the wife will be regarded as revoking the divorce. If however, the husband stopped her from hugging him and did not allow her to do so, then this will not be regarded as revoking the divorce.
It must be understood that if this hugging of the husband or the hugging of the wife was without passion and desire, then this hugging will not cause the divorce to be revoked.
If the iddah (waiting period) after the revokable divorce has ended, then this hugging will not be accepted as ‘revoking the divorce’.
Similarly, if the husband had given an irrevocable divorce (Talaq Al Ba’in), this ‘hugging’ will not be a sign of revoking the divorce, even if the wife was still in her iddah.
In a like manner, if three divorces were given by the husband, this ‘hugging’ will not cause the divorce to be revoked.
(Al Jawharah An Nayarah Vol. 2 pages. 197, 198 Qadeemi Kutub Karachi)
(Al Fatawa Alamgiriyah Vol. 1 pages 502, 503 Qadeemi Kutub)
(Radd Al Muhtar Vol. 3 pages 398,399 H.M Saeed Karachi)
(Bada’I As Sana’I Vol. 3 pages. 287,288 Maktaba Rasheediya)
And Allah Knows best
Mufti Waseem Khan
04/01/2024