Does a husband's fondling of his wife—with penetration—and his having intercourse with her after divorcing her with a revocable divorce while she is in her waiting period, count as a legitimate return?
If the husband did not intend to repeat the divorce, then only one divorce takes effect. If he says, "You are divorced, divorced, divorced," and intended emphasis, it is accepted from him. But if he intended to effect three divorces, then she is divorced thrice. If he did not intend anything, then only one divorce takes effect. Accordingly, if this was the second divorce, he can take you back during the waiting period (iddah) without a new contract or requiring your consent. The return is achieved by sexual intercourse. If your husband had sexual intercourse with you before the expiry of your iddah, then the return has occurred, and you are under his marital responsibility.
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- 131997
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