Saturday | 16 January 2021 | 2 Jamadiul-Thani 1442
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Fatwa Answer

Question ID: 933 Category: Dealings and Transactions

Asslam o Alaikum!!! ... I left my husband's home. So it's almost been two years.. But before my separation ,my husband said haraam to me first time on and he said it repeatedly (not sure I think two times)and he left home. He came back after 5 days and then didn't say anything and started living in the same home.... He then said haraam to me at the end of October or in the first few days of November (but for sure before 5th of November). His clear words was ( ye aurat aj k baad muj pr haraam hai) and on the 5th of November he left home for two months... During these two months he came home three times ( one time to take his stuff, one on his daughter's birthday and onetime just to c his kids) .. He came back home on 6th of January... He withdrew his protection orders against me and started living with us.. Then we lived together for almost 5 months and then I left my husband 's home.... From that time we r living separately but now he wants to reconcile... I asked him about haraam words he said he never meant to divorce, he just said those words in anger... Now because we r living separately from last two years I just wanted to know if we can be together or we r not in our Nikaah anymore... Please clarify...

الجواب وبالله التوفيق

When the husband stated “haram” the very first time, this constituted “Talaq-e-Ba‘in” (i.e. a divorce which can be revoked through new Nikah) in a sareeh manner. It is haram to live together without performing a new Nikah after this divorce took effect. As per the situation described in your question, the husband and wife have committed haram(impermissible act) by living together after the divorce had taken effect. It is incumbent upon them to perform istaghfar. If they want to live together moving forward, they should perform a new Nikah in order to do so.

واللہ اعلم بالصواب