Is it permissible for a woman to remain with her ex-husband after being divorced from him three times, and after having contracted an administrative marriage with him for the purpose of nursing him and obtaining his pension, even though she treats him like a stranger? And is it permissible for her to remain in his house to nurse him if she terminates the administrative contract, especially given the presence of their adult children and the absence of another place for her?
A husband can only take his wife back (raj'a) if she is within her waiting period ('). If the 'iddah has expired, he cannot take her back except with a new marriage contract. If the husband took his wife back after her 'iddah ended without a new contract, then the subsequent divorce is not considered valid. However, if he remarried her after her 'iddah ended, then divorced her, then took her back, then divorced her for the third time, she becomes irrevocably divorced from him (baynunah kubra) and is not lawful for him until she marries another man and he consummates the marriage with her, and then he divorces her. The agreement of the spouses on an administrative contract does not permit seclusion (khalwah) or cohabitation unless it adheres to guidelines, such as her having a separate room with its own facilities, or the presence of a to prevent khalwah. It is not permissible for the wife to take her husband's pension after his death if she was irrevocably divorced from him, unless the pension is a grant from the employer given to whomever the granting authority designates.
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