Does a divorce take effect by signing a document stating, "I divorce my wife so-and-so by three pronouncements," if the husband did not intend divorce but signed it due to pressure from his wife, and is it permissible for the husband to take his wife back after her waiting period has expired without a new marriage contract?
If a husband writes down a divorce with the intention of divorce, it takes effect. If he does not have the intention, it does not take effect, unless the signing was in court, or if writing generally leads to divorce according to some scholars. It is more prudent to renew the marriage contract if the waiting period (iddah) has ended.
If the husband intended divorce when signing: 1. If it was before consummation and there was no khalwa (private seclusion), she does not have to observe an iddah. 2. If it was before consummation and there was khalwa, she must observe an iddah. 3. If he divorced her three times, only one divorce takes effect, according to the preponderant and authoritative opinion, and if that was: a. Before consummation and khalwa: It is an irrevocable divorce, and she is not lawful for him except with a new marriage contract. b. Before consummation and after khalwa: It is an irrevocable divorce according to the majority of scholars, but a revocable divorce according to the Hanbalis. If the iddah ends, a new contract is required. c. After consummation: It is a revocable divorce, and if the iddah ends, a new contract is required.
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