What is the ruling on a husband taking back his wife after divor divorcing her three times, knowing that consummation did not occur beyond foreplay without penetration, and that the first divorce took place during her menstrual period?
Marital consummation occurs by the insertion of the glans or its equivalent into the vagina. Lawful seclusion ( shar'iyya) takes its place in establishing the legal rulings that follow. A wife can be taken back (revoked) after divorce if lawful seclusion has occurred between the spouses, and this is the opinion of the majority of scholars. Witnessing is not required for divorce or revocation. If a man divorces his wife twice after the first divorce, she becomes irrevocably divorced from him and unlawful for him until she marries another man. Divorce during menstruation takes effect. Divorcing a non-consummated wife during menstruation is permissible and takes effect without disagreement. It is preferable to present matters related to divorce to the Shar'i courts, as a judge's ruling resolves disputes.
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