Is it permissible for my husband to take me back after divorcing me, on the condition that I waive my right to the list of movables, knowing that our marriage only lasted four months?
The mahr (dowry) is a right of the wife. If a man divorces his wife and then wishes to reconcile with her, a distinction must be made between two situations: The first is if he wishes to reconcile with her after the ‘ (waiting period) has ended. In this case, there must be a new marriage contract, mahr, guardian, two witnesses, and the consent of both the wife and her guardian. The second situation is reconciliation during the ‘iddah. In this case, the reconciliation takes place without a contract or mahr, and the consent of the wife or her guardian is not required. If the husband owes the wife a debt, such as deferred mahr or furniture, and he wishes to reconcile with her on condition that she waives the mahr, then the reconciliation is valid with the wife’s consent, because the right belongs to her, as the Prophet (peace be upon him) said: “Muslims are bound by their conditions.” A woman may waive some of her rights to preserve her marriage, in accordance with the Almighty’s saying: “And if a woman fears from her husband high-handedness or desertion, there is no sin upon them if they make terms of settlement between themselves, and settlement is best.”
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