Wha is Bain (irrevocable) divorce?

Dear Brother / Sister,

It is a kind of divorce that separates the wife and the husband immediately by breaking the bond of marriage between them and that ends the mutual rights and duties emerging from marriage unless they determine a mahr and have a marriage contract again.

Islamic scholars agree unanimously that irrevocable (bain) divorce occurs in three forms (Ibn Rushd, Bidayatul Mujtahid, II, 61):

1- Divorce that takes place after marriage without having sexual intercourse and a sound seclusion.

2- Divorce that takes place after three talaqs.

3- Divorce that takes place in return for a certain amount of money based on the wish of the woman.

Hanafis increase it to four by regarding allegorical divorce and uttering divorce using words that contain exaggeration or violence as irrevocable divorce. (Hayreddin Karaman, M. İslâm Hukuku, I, 303)

Irrevocable divorce is divided into two as baynunatus-sughra (small separation) and baynunatul-kubra (big separation). They are also called hurmatul-khafifah and hurmatul ghalizah respectively. The revocable divorce that takes places as a result of one or two talaqs is called small separation; the revocable divorce that takes places as a result of three talaqs is called big separation.

If a person who has divorced his wife with revocable (rij'i) divorce does not return home by changing his mind within the period of iddah (three months), this divorce is transformed into irrevocable divorce; if they want to get married again, mahr and marriage contract become necessary.

The spouses that have divorced with small separation cannot be inheritors to each other since they have been divorced immediately. If the husband has not yet paid the mahr that is the right of the wife, he needs to pay it at once.

A person who has divorced his wife with irrevocable (one or two talaqs) divorce can marry her again with a new mahr and marriage contract before his wife marries another person. A person who has divorced his wife with big separation (three talaqs) cannot marry her again before she marries another man and divorces (Sayyid Sabiq, Fiqhus-Sunna, II, 277). The following is stated in the Quran regarding the issue:

"A divorce is only permissible twice: after that, the parties should either hold together on equitable terms or separate with kindness... So if a husband divorces his wife (irrevocably), he cannot after that, re-marry her until after she has married another husband and he has divorced her." (al-Baqara, 2/229-230)

It is important whether the divorces with two or three talaqs are made at the same time or at different times. Normally, talaqs need to be made at different times. In other words, one talaq is made during one iddah (three months). The second talaq is made three months later. If another talaq is made after another three months, big separation occurs. Islamic fiqh scholars agree unanimously on it. However, there is disagreement about two and three talaqs made at the same time being regarded as two and three talaqs or one talaq. Some scholars show the apparent meaning of the verse above as evidence and say two talaqs at the same time is regarded as two talaqs and three talaqs as three talaqs while other scholars say two or three talaqs made at the same time are regarded as one talaq. For, during the time of the Prophet (pbuh), Hz Abu Bakr and up to the second year of the caliphate of Hz. Umar, two, three or more talaqs made at the same time were regarded as one talaq. (Ibn Rushd, ibid, II, 61)

Since ease is essential in religion, it is more useful to regard two, three or more talaqs made at the same time as one talaq in order to prevent the institution of family, which forms the basis of the community, from being demolished. Thanks to this, the victimization of the woman will be prevented and the door of regret will not be closed.

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