Is the seclusion that took place between the spouses, with them being alone in a room with the door left open, and enjoyment occurring without penetration, considered a legitimate seclusion that necessitates 'iddah (waiting period)? And is a divorce pronounced over the phone valid? If valid, is the husband entitled to take back his wife, and how is the return effected, by word or by intercourse, and is the presence of witnesses a condition for a verbal return?
If the husband is alone with his wife in a place where they are safe from anyone entering upon them, this is considered a valid seclusion (khalwa shar'iyya) and all rulings of consummation apply. Divorce over the phone is valid and effective. The husband may take his wife back before the expiry of her 'idda (waiting period) with an explicit statement such as "I have taken you back into my wedlock" or "I have reinstated you," or with a statement that could imply it, accompanied by the intention. It also takes effect by action accompanied by the intention, and by intercourse without intention. Witnessing the رجعة (return) is recommended but not a condition.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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