Does a husband's embrace of his divorced wife during her 'iddah period constitute a "return" to her, even if he did not intend it as such, and is she sinful if she does not inform him of this out of fear that he will divorce her again?
The jurists stated that the revocation of a revocable divorce occurs either verbally or by action. They differed, however, on what action constitutes a revocation. The Hanafis and Malikis held that it occurs by touching the wife with desire. The Malikis stipulated the intention of revocation. If what happened from the husband was with the intention of revocation, then she has become his wife, and it is recommended to have witnesses to the revocation.
The husband must also be informed of the occurrence of the revocation due to the legal rulings that result from it, such as inheritance and maintenance.
The husband is advised to fear Allah and to preserve his wife.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy