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?
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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