Is 'iddah (waiting period) obligatory for a woman divorced after the marriage contract but before consummation, if a legitimate privacy (khalwah shar'iyyah) occurred, and is it permissible to communicate with the divorced husband with the intention of reconciliation, given that no one knows about that consummation?
The iddah (waiting period) becomes obligatory upon a valid khalwah (private seclusion) where intercourse is possible. This is the view of the majority of jurists, contrary to the Shafi'is. There is no effect on the iddah from enjoyment without intercourse if there was no khalwah.
If a valid khalwah did not occur, then the divorce is an irreversible talaq bain, and the woman has no iddah. She becomes a stranger to her ex-husband. If she wishes to return to him, she must marry him with a new contract. In this case, communication between them must adhere to the regulations of communication between a man and a woman who are strangers to each other, except when necessary for remarriage.
If a valid khalwah did occur, then the divorce is a revocable talaq raj'i as long as the woman is in her iddah. The husband has the right to take her back, and she has the rights of a woman undergoing a revocable iddah, such as maintenance and lodging. She must spend her iddah in the marital home, and she is permitted to adorn herself for her husband to encourage him to take her back.
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