Is a wife, who was sexually active and was taken back during her 'iddah before her third menstrual cycle ended, after 50 days from her divorce, and who was taken back without her prior knowledge during that period, considered a legitimate wife, or has she become a stranger to him, requiring a new contract and dowry to return to her?
A woman's statement regarding the completion of her 'iddah is accepted if she claims it within a period that allows for its expiry. If your wife claims that the bleeding stopped, then the raj'ah (revocation of divorce) occurred after the cessation of menstruation and before ritual bathing (ghusl). There is a difference of opinion on this matter, with two views:
1. The First View: That the raj'ah is valid as long as the woman has not performed ghusl after her third menstrual period. They cite traditions from the Companions, such as Abdullah ibn Mas'ud and Ali ibn Abi Talib (may Allah be pleased with them both), as evidence.
2. The Second View: That the raj'ah is not valid after the cessation of bleeding from the third menstrual period and the attainment of purity, even if the woman has not performed ghusl. They cite the verse: ﴿وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ﴾ (And their husbands have a greater right to take them back during that period), where they interpret "during that period" (fi dhalika) as referring to the 'iddah. Thus, if the 'iddah ends, the husband's right to revoke the divorce also ends.
This is a matter of scholarly disagreement with no explicit textual evidence. Given that the wife does not wish for the raj'ah due to her belief that the 'iddah has ended, it is advisable to resort to the judiciary to resolve the matter. It should be noted that a divorce takes effect even if it is not documented in court.
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- Original fatwa ID
- 7787
- Imported
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- Source text, unreviewed
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