Does a verbal divorce that occurred over the phone, due to the absence of a particular document, take effect, then it later becomes clear that the document exists?
A husband's divorce of his wife based on a reason that later proves to be false is considered effective by the majority of scholars. However, the Hanbalis—and Ibn al-Qayyim preferred this view—hold that it does not take effect because the basis upon which the divorce was issued is absent.
If the divorce occurred (according to the majority opinion) and it was a revocable divorce (raj'i), he may take her back before the ' (waiting period) ends, provided this divorce does not complete the three divorces. However, if the 'iddah has expired, he cannot take her back except with a new marriage contract. Her 'iddah is three menstrual cycles, or three months for a woman who does not menstruate, or by giving birth for a pregnant woman.
If this divorce completed the three divorces, she becomes unlawful for him until she marries another man in a valid marriage with the intention of permanence, and then he divorces her after consummation.
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