Talaq upon Talaq

Question

A certain man (Ha) married (Sin) in 1949. The parents of (Sin) and others, and (Sin) herself too, strove to have the sister of (Ha), (Zay), married to the brother of (Sin), (Kha). So (Zay) was married to (Kha) in ’59. Unfortunately, a year or some time after the marriage of (Zay), bitterness arose, and at the beginning of ’61 (Ha) gave his (Sin) talaq. The father pleaded with (Ha), and for this reason the matter of the talaq was concealed, but a rankling remained in the heart. The sister (Zay)

Answer

When at the end of ’60 and the beginning of ’61 (Ha) gave (Sin) talaq, the talaq took effect at that very time. If after that he took her back (ruju‘) before the ‘idda (three menstrual periods) passed, then that taking back was valid and the nikah remained in place as before. Then, when he made an irrevocable (ba’in) talaq conditional upon attending the wedding of (Shin)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.