Is sexual intercourse during the waiting period considered a reconciliation, in the event that the husband believes the divorce did not occur, and his intention was that his wife is still under his marital bond?
Revocation [of divorce] is valid through verbal declaration, by scholarly consensus. As for revocation through action (such as sexual intercourse), it is a matter of disagreement. The -backed opinion is that it is valid through sexual intercourse, provided the husband intends to revoke the divorce. However, if the husband was unaware of the divorce having occurred, then intention is not a prerequisite, because intention follows knowledge. Some scholars have held that revocation through sexual intercourse is valid whether the husband intended it or not, citing the Almighty's words: "And their husbands have a greater right to take them back," and "Then retain them with integrity," and what was narrated by Al- Al-Basri.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/8511
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 8511
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy