Is the revocable return (rajʿah) that occurred with the testimony of three witnesses considered valid, given that the wife and her family were unaware of the return, that the wife was disobedient (nashiz) before that, and that her child was aborted without the husband's knowledge?
A pregnant divorced woman's waiting period (iddah) ends upon giving birth, even if it is a miscarriage in which human features are discernible. So, if the wife miscarries in the fifth month, her waiting period ends with this miscarriage. If the reconciliation (raj'ah) occurred before the miscarriage, then the return is valid, and its validity does not depend on the wife's knowledge or consent. The wife is obliged to return to the marital home, and she is not permitted to refuse out of obedience to her family; if she does so, she is considered disobedient (nashiz). It is advisable for sensible relatives or religious scholars to intervene to reconcile the couple.
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- Original fatwa ID
- 117013
- Imported
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