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The question

Is a verbal reconciliation with one's wife permissible after divorce if a legitimate privacy occurred and she refused intercourse, and is it a condition for the validity of the reconciliation to see what is between her navel and knee?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a lawful seclusion (khalwah shar'iyyah) occurred between the spouses, but penetration did not take place, and then divorce ensued, the majority of scholars hold that the right to revoke the divorce (raj'ah) is not valid. This differs from the Hanbalis, who consider it valid. The Hanbalis cite as evidence the Almighty's saying: {Divorced women shall wait concerning themselves for three periods; nor is it lawful for them to hide what Allah has created in their wombs... And their husbands have the better right to take them back in that [period]}. Among the conditions for raj'ah according to the Malikis are: the establishment of the marriage with two witnesses, the establishment of seclusion, and the mutual acknowledgment of consummation by the couple. The preponderant opinion is that of the Hanbalis due to the strength of their evidence. Consequently, if a husband divorces his wife after a lawful seclusion and takes her back before her waiting period (iddah) is complete, his revocation is valid.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
112959
Imported
Translation status
Source text, unreviewed
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