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The question

Is a new marriage contract required for the wife after her waiting period has ended due to her third menstruation occurring earlier than its original time as a result of taking medication?

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

The revocable divorcee whose third menstrual period coincided with your return from travel is still within her waiting period (). You have the right to take her back without a new contract, as long as this divorce was not the third one. If you do not take her back and the third menstrual period ends, you cannot take her back except with a new contract, because the waiting period would have ended. Ibn Taymiyyah said: "If he wishes to take her back during the waiting period, he may do so without her consent, or the consent of her guardian, or a new dowry. But if he leaves her until she completes her waiting period, then he must release her with kindness; for she has become irrevocably separated from him. If he wishes to marry her after the waiting period has ended, he may do so, but it must be with a contract, just as if he were marrying her for the first time." It is advisable to consult scholars or a court regarding such matters. It is also pointed out that the path of divorce is not a sound one, and it would have been possible to leave her with her family until she recovered.

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Ftawy
Original fatwa ID
194327
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