Is a divorce effective upon the husband's statement, "If your menstrual period comes, then you are divorced," after the onset of the period, and what is the legal ruling for the woman who returned to her family after this condition?
The husband has made his wife's divorce conditional upon the onset of her menstrual period. Therefore, once her period begins, the divorce takes effect, and he cannot retract this condition before its occurrence.
The husband may take his wife back before her ' (waiting period) expires if this was the first or second divorce and he had consummated the marriage. A new contract or witnesses are not required for reconciliation; the husband's declaration of taking his wife back is sufficient.
As for the wife returning half of the mahr (dowry), the husband is only entitled to it if he divorced his wife before consummation or valid seclusion (khalwah shar'iyyah). In this case, she is irrevocably divorced with a minor separation, and he cannot take her back except with a new marriage contract. It is advisable to refer such issues to courts or present them to scholars.
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