Are the مقدمات of intercourse, such as kissing and embracing, permissible for a woman who has been revocably divorced during her waiting period, without the intention of reconciliation, and is that considered reconciliation?
A man's enjoyment of his revocably divorced wife during her ' (waiting period) does not constitute a valid raj'ah (return) unless he intends to take her back. This is the correct view chosen by Sheikh al-Islam Ibn Taymiyyah, because sexual intercourse might be solely for pleasure and does not indicate an intention to return. If cohabitation is not considered a return without intention, then kissing and embracing are even more so. Scholars differed on the permissibility of such actions without the intention of raj'ah. Those who permitted it considered it a return, even without intention, while those who forbade it stipulated the intention for it. The preponderant opinion is that the divorcing husband is prohibited from enjoying his divorced wife unless he first takes her back.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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