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The question

Is the divorce revocable or irrevocable if a man divorces his wife a few days after a new marriage contract, knowing that he has not consummated the marriage after the new contract, and the first divorce was in exchange for her giving up her mahr?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed regarding the ruling on one who marries his irrevocably divorced wife while she is still in her waiting period (iddah), and then divorces her before consummation. Some are of the view that this divorce is revocable, and she is entitled to the full dowry. This is the opinion of Abu Hanifa and Abu Yusuf. Others are of the view that the divorce is irrevocable, and she is entitled to half of the stipulated dowry, and she completes the first waiting period. This is the opinion of Muhammad ibn al-Hasan, Ahmad ibn Hanbal, Al-Shafi'i, and Ibn Qudamah.

The preponderant opinion is that this divorce is irrevocable, and the woman is entitled to half of the dowry, because it is a divorce before consummation and seclusion. This is based on the words of Allah the Almighty: {And if you divorce them before you have touched them and you have already specified for them an obligation, then [give them] half of what you specified}.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
192696
Imported
Translation status
Source text, unreviewed
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