when Ibn ʿUmar (may Allah be pleased with him) divorced his wife while she was menstruating, the Prophet (peace and blessings be upon him) said, “Tell him to take her back.” His command “let him take her back” shows that the divorce had indeed taken effect as a revocable divorce, for he would not have issued that instruction unless the divorce had already occurred.
Question: A problem arose between my family and my wife in Yemen, so I went to the Shariʿah Court in Jeddah to obtain a divorce. At the court they asked me for a written statement, so I wrote: “I, so-and-so the son of so-and-so, have divorced so-and-so the daughter of so-and-so while in full possession of my senses, and I hereby sign.” They took the paper from me and gave me an appointment to appear before the judge and to bring witnesses. I came on the appointed day with my witnesses, but the judge did not attend the court that day. Afterwards I changed my mind and revoked the divorce. Has the divorce nevertheless taken effect or not? This happened three years ago, and since then I have had children from her. If the divorce did take effect, what is the status of the children, and what must I do?
Answer: The divorce that you wrote down and intended has without doubt taken effect. If it was fewer than three divorces—that is, no previous divorce preceded it—you may take her back by having two witnesses attest that you have resumed the marriage with your wife, provided, as we have mentioned, that the three pronouncements have not been exhausted. In any case, you must return to the court with which you arranged this procedure and consult