Is the husband's intention for the return (rajʿah) a condition for it to occur through unlawful intercourse, or does it happen merely by intercourse even if he does not intend the return?
The relied-upon position in the schools of thought of the Hanbalis is that the revocable divorcee's return (revocation) becomes valid merely by the act of intercourse during the 'iddah (waiting period), whether the husband intended the revocation or not, and whether the intercourse was permissible or forbidden. This is because intercourse is considered an act of possession that indicates choice, and it prevents the cessation of ownership. This is the view adopted by the majority of the companions of the school.
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