What is the ruling on marital intimacy for one who has filed for divorce from his wife, and what is the ruling on having intimacy with her if she is not menstruating should the divorce ruling be issued during those days?
If you did not pronounce the divorce of your wife, she is still your wife, and you may cohabit with her and revoke the divorce. You may also dismiss the lawyer and stop the proceedings. However, if you pronounced the divorce, she is divorced from you. Your cohabitation with her is considered a revocation (raj‘ah) if the divorce was revocable (raj‘i) and she was still in her waiting period ('). Therefore, she is now your wife either because the divorce did not occur, or due to the revocation through intercourse. The divorce of a woman who has despaired of menstruation (al-ya'is) after cohabiting with her is not an innovated divorce ( bid'ah), and her waiting period is three months.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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