Does the Hadd (punishment) for Thihar lapse for one who declared Thihar upon his wife, then was unable to fast or feed, so he divorced her, and then wished to take her back?

If the divorce is revocable after ẓihār, then it is not permissible for the husband to have intercourse with his wife until he expiates for his ẓihār, and the expiation is not nullified by the divorce.

However, if the divorce is an irrevocable divorce (baynūnah ṣughrā), and the husband wishes to remarry his divorced wife, the majority of scholars hold that the expiation is not waived from him at all and is binding upon him. Al-Shafi'i, in one opinion, stated that the expiation is waived, and he has a third opinion: that the expiation is waived if the irrevocability is due to a triple divorce, otherwise it is not waived.

The majority of scholars based their argument on the generality of Allah's saying: "And those who declare ẓihār from their wives and then wish to go back on what they said - then [there must be] the freeing of a slave before they touch one another." What appears to be preponderant is the opinion of the majority.