What is the ruling on my continuing conjugal relations with my husband after I learned that a divorce had occurred by the pronouncement "If you do such and such, then you are divorced," and a period of time has passed? And is intercourse during the waiting period considered a رجعة (revocation of divorce)?
The majority of scholars hold that a conditional divorce takes effect if the condition it was contingent upon occurs, and this is the given. So, if the wife performed what her husband made the divorce contingent upon, then the divorce has taken place, and it was her duty to inform him. Nevertheless, the husband is excused for his ignorance of the divorce having occurred, whereas the wife's cohabitation with him after the expiry of the waiting period (') is forbidden for her, and she must repent. As for the resumption of the marriage (raj'ah) through his intercourse with her during the 'iddah, according to those who stipulate a statement or intention along with the act, the resumption of the marriage does not occur by that. However, according to those who validate the resumption of the marriage through intercourse without intention (which is the fatwa given on the network), it is apparent that the resumption of the marriage occurs by that.
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- Original fatwa ID
- 111141
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