Does a divorced woman return to her husband merely by intercourse during her waiting period, or is the intention of reconciliation required? And what is the ruling on a woman with whom her husband had intercourse during her waiting period without the intention of reconciliation, and her waiting period expired?
Scholars have differed on whether a woman in a revocable divorce (ṭalāq rajʿī) returns to her husband merely by intercourse or not, presenting three opinions:
1. First Opinion: She returns to him merely by intercourse. This is the view of the Hanafis and Hanbalis. 2. Second Opinion: She does not return to him merely by intercourse. Rather, intercourse must be accompanied by the intention of reconciliation (rajʿah). This is the view of the Malikis. 3. Third Opinion: She does not return to him merely by intercourse with the intention of reconciliation. Rather, there must be an explicit verbal declaration indicating reconciliation, or an implicit one (kināyah) accompanied by the intention.
What appears to be the case is that she returns to him merely by intercourse.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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