Did the divorce of the wife occur while she was menstruating, and is sexual intercourse with her during the waiting period and thereafter considered adultery? And can she be forced to return to the matrimonial home?
If the aforementioned divorce is not the third and final divorce, it is a revocable divorce (ṭalāq rajʿī). If the husband cohabits with his wife before the expiry of her waiting period (ʿiddah) from that divorce, she has returned to his marital bond. His cohabitation with her after that is permissible, as the return (rajʿah) is effected by cohabitation according to some scholars, even without the intention of return. The wife's knowledge or consent is not a condition for its validity, though it is recommended to have witnesses for it. The wife must return to her home, and if she refuses, she is considered disobedient (nāshiz), and the husband has the right to refer the matter to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 146328
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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