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The question

Is it necessary to renew the contract immediately or to separate and observe the waiting period (iddah) due to pregnancy, based on the saying of the Prophet (PBUH): "A pregnant woman should not be engaged in intercourse until she gives birth," if a man conditioned divorce before consummation upon a past event, and the wife claimed not to have done it, but then it became clear after marriage and her pregnancy that she had done it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

According to the majority of scholars, a conditional divorce takes effect when the condition is met. If the husband has had a valid private seclusion ( sahiha) with his wife, and this divorce does not complete the three divorces, he may take her back before her waiting period () ends. Cohabitation after such a divorce is considered a revocation (irtijāʿ) according to the Hanafis and Hanbalis. However, if he has not had a private seclusion with her, then she becomes irrevocably divorced by that divorce (tabīnu bi dhālika al-talāq), and she is not permissible for him except with a new marriage contract. He may contract marriage with her while she is pregnant and cohabit with her, according to the madhhabs of the Hanafis and Shafi'is.

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Where this answer came from
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Ftawy
Original fatwa ID
156514
Imported
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Source text, unreviewed
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