Giving one’s wife an irrevocable divorce without its meaning
Q:
A man gave his wife an irrevocable divorce without knowing the meaning of the word "irrevocable."
He claims he did not intend to divorce her thrice. In the divorce document, it is not mentioned that he intended to divorce her twice or thrice, but he intended to pronounce an "irrevocable divorce". He wants to know if he can take his wife back in marriage.
A:
We reviewed the divorce document written by `Abdul-Rahman ibn Shibrin, the Imam of Al-Ha'ir Mosque. We then asked Ibn Shibrin if he had informed the husband of the meaning of the word "irrevocable" or the husband had divorced his wife thrice simultaneously, Ibn Shibrin said that he had not explained the meaning of the word "irrevocable" and used no other statements but those mentioned in the divorce document. The husband asked Ibn Shibrin to write down that he gave his wife an "irrevocable divorce". He added that he lived in a remote town and if he returned before the end of her `Iddah (woman's prescribed waiting period after divorce or widowhood), he would take her back in marriage; otherwise, she could get married to another person. Considering what is mentioned above, it can be said that such divorce is regarded as one divorce since the reference of the word "irrevocable" is not mentioned in the divorce document and the man uttered it without knowing its meaning. Also, the divorced woman came and said he did not take her back in marriage before the expiration of her `Iddah. (Part No. 20; Page No. 71) The husband himself said he had not divorced her before. As a result, it is permissible for the husband to remarry his divorced wife with a new contract and a new Mahr (mandatory gift to a bride from her groom) along with her consent, taking into consideration the fulfillment of the conditions and essential elements of the marriage contract. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.