Short answer
Talaq raj'i is a revocable divorce: after one or two clear talaqs the husband can take his wife back during her iddah without a new nikah. Talaq ba'in is final: the couple can only reunite with a new nikah and mahr. Three talaqs make the most final kind, after which she is not lawful to him unless she first marries another man.
One or two talaqs in clear words (sarih), after consummation and without compensation, are raj'i. A talaq is ba'in when given before consummation, for compensation as in khula, in indirect words (kinayah) with intention, or described as final, and a raj'i talaq becomes ba'in when the iddah ends. Three talaqs are the major ba'in (mughallazah).
Other madhhabs
- Shafi'i
- Indirect words intended as divorce give a revocable talaq, not a ba'in one, and taking a wife back needs words, not just intimacy.
- Maliki
- Intimacy counts as taking a wife back only when the husband intends it.
Explanation
The names describe the effect. Raj'i means "returnable" and ba'in means "separating".
Talaq raj'i (revocable). She is still his wife during the iddah: she stays in the marital home, he provides for her, and if either dies the other inherits. He can take her back during the iddah by saying so, ideally before two witnesses (65:2), and in the Hanafi school resuming intimacy also counts. If the iddah ends without return, the talaq becomes ba'in. The Quran says, "their husbands have more right to take them back in this period" (2:228).
Talaq ba'in (final), minor. It comes from:
- a talaq before consummation;
- khula or a talaq for payment. See khula;
- indirect words meant as divorce, such as "go back to your family";
- a raj'i talaq whose iddah has ended;
- most dissolutions by a judge or council.
The marriage ends at once. They can reunite only with a new nikah, her consent and a new mahr. She still completes her iddah, and in the Hanafi school he provides her housing and maintenance during it.
Talaq ba'in, major (mughallazah). After the third talaq she is not lawful to him until she has married another man (2:230). See halala.
The sunnah way is one talaq, then letting the iddah run if separation is wanted, which keeps the door open for a new nikah later. Because the type depends on the exact words and timing, ask a mufti. See words of talaq and remarrying an ex.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Baqara 2:228
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍۢ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٰلِكَ إِنْ أَرَادُوٓا۟ إِصْلَٰحًۭا ۚ وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌۭ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ ﴿٢٢٨﴾
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
During the iddah of a revocable talaq the husband may take his wife back.
Quran, Surah Al-Baqara 2:229
ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍۢ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ ﴿٢٢٩﴾
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers.
Only two talaqs can be followed by taking back.
Quran, Surah At-Talaaq 65:2
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍۢ وَأَشْهِدُوا۟ ذَوَىْ عَدْلٍۢ مِّنكُمْ وَأَقِيمُوا۟ ٱلشَّهَٰدَةَ لِلَّهِ ۚ ذَٰلِكُمْ يُوعَظُ بِهِۦ مَن كَانَ يُؤْمِنُ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُۥ مَخْرَجًۭا ﴿٢﴾
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah. That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah - He will make for him a way out
Witnesses are recommended when taking a wife back or parting.
Sahih al-Bukhari 5251
Sahih... مره فليراجعها ثم ليمسكها حتى تطهر ...
"Tell him to take her back, then keep her until she becomes pure."
A revocable talaq is undone by taking her back, without a new nikah.
Sahih al-Bukhari 5254
Sahih... لقد عذت بعظيم الحقي بأهلك ...
"You have sought refuge with One who is great. Go back to your family."
Indirect words used for separation.
Where the ruling is recorded
- al-Hidaya, Kitab al-Talaq, Bab al-Raj'ah. Return during the iddah by word or by intimacy after a raj'i talaq.
- al-Hidaya, Kitab al-Talaq, Fasl fi al-Kinayat. Indirect words with intention give a ba'in talaq.
- Minhaj al-Talibin (Nawawi), Kitab al-Raj'ah. The Shafi'i rule that return is by words only.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.