Taking Back a Divorced Wife (Raj’a)

In the Sacred Law, raj’a means the return of a woman who is in her waiting period (‘idda) from an unfinalized, non-threefold divorce to the state of marriage (in a particular manner) (Reliance of the Traveler pg. 564). 

The integrals of taking back a divorced wife are three:

1.       The spoken form

2.       The wife being taken back

3.       The husband who is taking the wife back

The spoken form

The conditions of the spoken form (sigha) are three:

1.       That it be an explicit statement

2.       That it not be conditional

3.       That is not be time-restricted 

The wife being taken back 

The conditions of the wife being taken back are eight:

1.       That she is the man’s wife

2.       That the husband has had intercourse with her

3.       That she is identified

4.       That she is lawful to take back

5.       That she is divorced

6.       That her divorce is unaccompanied by compensation

7.       That her divorce is a non-threefold divorce

8.       That she is in her waiting period

The husband who is taking the wife back

The conditions of the husband who is taking the wife back are two:

1.  That he takes the wife back willingly

2. That he is legally able to marry himself off. 

An example of raj’a: 

Zayd says to his wife (who is in her waiting period from an unfinalized, non-threefold divorce): “I take you back,” or “I retain you,” (if she is present) or—if she is absent— “I take back Hind,” or “I retain Hind” (al-Yaqut al-Nafis pg. 160-161).

Modifying a ruling when customs change

Dr. Mustafa al-Khin writes:

“Certain customs are permanent; that is, they do not change with time or location. Accordingly, the ruling of these customs is established and is not subject to modification or change. Other customs change and evolve due to location or time. In such circumstances, it is obligatory for a ruling to be modified in accordance with custom. This is based on the principle “The modification of a ruling because of changing customs cannot be censored.” An example of this is the lira. Originally, the term lira was used exclusively for gold lire, but in the present era, the usage of lira extends to modern paper money. Consequently, whenever a transaction takes place, and the buyer or seller uses the term lira, it must be understood in accordance with the custom of that locality (al-Kafi al-Wafi pg. 216).”