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The question

Does a wife return to her husband's عصمة after he divorces her a second time and tells her, "I have returned you to my عصمة," even though he does not know that her consent is a condition for her return?

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

If this was the second divorce, it is a revocable divorce (ṭalāq rajʿī). The husband has the right to take his wife back without her consent, as long as she is still within her waiting period (idda), because a woman in a revocable divorce is considered, in rulings, still a wife. Her consent is not a condition for the validity of the revocation. The noble verse states: "And their husbands have more right to take them back in that [period] if they want reconciliation." And in Al-Mughni by Ibn Qudamah, it states: "The woman's consent is not considered in a revocation." Therefore, the wife's statement that her approval is a condition is incorrect. If the husband says: "I have taken you back to my isma (bond of marriage)" or "I have returned you to my isma," the revocation is valid, and she is his wife, and both he and she have conjugal rights. The spouses must strive to ensure the stability of the family and resolve their problems through understanding, avoiding divorce.

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Ftawy
Original fatwa ID
175924
Imported
Translation status
Source text, unreviewed
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