What is the ruling on a divorce issued with the intention of amending marriage documents, which states that the wife was not consummated, despite consummation having occurred?
If the husband did not utter the divorce and did not intend it when writing it, then his wife is still his wife, because divorce by writing does not take effect without intention. However, if the husband explicitly uttered the divorce, then the divorce has taken effect, even if he did not intend it, because explicit wording does not require intention.
If a single divorce takes place, the husband has the right to take back his wife during her waiting period () as long as he has consummated the marriage with her. If the wife affirms that consummation took place, then the husband's right of return is established. If she denies consummation, then he is not granted the right of return unless he proves with evidence that he had a valid seclusion ( sahihah) with her, for the majority of jurists hold that the ruling of a valid seclusion is the same as the ruling of consummation.
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