What is the ruling on a husband having sexual intercourse with his wife during her waiting period (iddah)? Is it considered a رجعة (resumption of the marriage), or does it necessitate a new marriage contract, given that the husband was unaware that his oath of divorce was considered a divorce, and knowing that this was the first oath of divorce and the waiting period has ended? And is it correct to adopt the opinion of the Hanbalis on this matter, or must the opinion of the Malikis be adopted?

If this is the first divorce, the husband may take his wife back before her 'iddah (waiting period) ends, and this does not require a new contract. If intercourse occurs during the 'iddah without the intention of reconciliation (due to unawareness of the divorce), then, according to the Hanbalis and Hanafis, reconciliation takes place. Based on this, the wife is considered to have been taken back, and it is permissible for him to consort with her. As for the occurrence of divorce upon the fulfillment of a suspended condition, this is the preponderant view of the majority of scholars. Ibn Taymiyyah, however, holds that an expiation for breaking an oath (kaffarat yamin) is required if divorce was not intended.