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The question

Is a woman's marriage valid if she was irrevocably divorced, then her ex-husband asked her to return and she agreed in principle, and after her iddah (waiting period) ended, she married another man, knowing that she heard that merely her ex-husband saying "Return to me" makes her his wife again, and she also read that some schools of thought permit the husband to take his wife back through a word or a touch, while the Hanbali school does not permit that except through intercourse?

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

For a revocable return (raj'a) to be valid, the wife's knowledge or consent is not a prerequisite. If the husband takes back his wife before the expiration of her waiting period (), and she then marries someone else, her marriage is invalid. However, the mere request by the husband for her to return is not considered a raj'a. Raj'a occurs through explicit verbal declaration or through an implicit statement accompanied by intention. According to the Hanbalis and Hanafis, it also occurs through sexual intercourse, even without an explicit intention. A command form is not suitable for raj'a. If the husband does not take back his wife until her iddah expires, she becomes irrevocably separated from him (ba'inat), and her subsequent marriage is valid. If the first husband claims that he took back his wife after the iddah and she denies it, her word is accepted unless the husband has clear evidence. These matters are decided by the judge or by trusted scholars.

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Ftawy
Original fatwa ID
124630
Imported
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Source text, unreviewed
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