Issue 1249: Irrevocable divorce is that after divorce, the husband is not entitled to take back his wife, that is, he is not entitled to take her as his wife without marriage.

This divorce is of five kinds, namely:

1 The divorce of a woman who has not yet reached puberty;

2- The divorce of a menopausal woman [i.e. she should have more than sixty lunar years of age if she is Sayyidah (of the holy prophet’s descendents), and more than fifty lunar years of age if she is not Sayyidah];

3 The divorce of a woman whose husband has not had sexual intercourse with her after their marriage;

4 The third divorce of a woman by the same man, who has been already divorced two times;

5 The divorces of Khola’ and Mubarat;

Rules pertaining to these kinds of divorce will be detailed later; divorces other than these are revocable, in the sense that as long as the wife is observing the Iddah, her husband can take her back without the procedures of marriage.

Issue 1250: In the case of revocable divorce, a man can take his wife back 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. And taking her back will also be established by sexual intercourse, although the man may not have intended it.

Issue 1251: If a man divorces a woman twice and takes her back, or divorces her twice and after each time remarries her, she becomes illegal for him after the third divorce. But if she marries another man after the third divorce, she becomes legal for the first husband on the fulfillment of four conditions, and only then he can remarry her:

1 The marriage with the second person should be of permanent nature. If he contracts with her a temporary marriage for a month or a year, and then divorces her, the first husband cannot remarry her.

2- The second husband should have reached puberty and should have sexual intercourse with her, and the obligatory precaution is that the sexual intercourse should lead to ejaculation.

3- The second husband divorces her or dies.

4 The waiting period (Iddah) of divorce or (Iddah) of death of the second husband should come to an end.