Is it permissible for a man to postpone a divorce he intended for his wife for a religious and worldly benefit without informing her of it, and must the husband remain with his wife in the same house during her waiting period if the house is her property?
A mere intention to divorce at a certain time has no legal consequence, because divorce must be pronounced verbally or written with intent. Scholars have differed on the ruling concerning a divorced man living with his divorcee. Some have absolutely prohibited it, fearing unlawful seclusion (khalwa), while the Shafi'is permitted it in the presence of a mahram. The Hanbalis distinguished between a revocable (raj'i) and an irrevocable (ba'in) divorce, permitting it in the former and prohibiting it in the latter. The Hanafis, however, permitted residence absolutely, provided the house belongs to the husband in the case of an irrevocable divorce. We believe that if the divorce is revocable, there is no objection to the husband living with his divorcee. However, if it is irrevocable, he is not permitted to do so. We also point out that there is no opinion stating that it is recommended or obligatory; rather, abstaining from it is more precautious (awla lil-wara').
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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