Is a man's cohabitation with his divorced wife two months after the court ruling of divorce, and without the intention of taking her back, considered a return to her? And is a pregnancy resulting from that legitimate?
The ' (waiting period) for a woman divorced with a revocable divorce is three menstrual cycles or three months. It is permissible for the husband to take his wife back during the 'iddah by verbal declaration. Scholars differed regarding whether cohabitation effects the return. The preponderant opinion is that cohabitation effects the return if the husband intended to take her back. As for cohabitation without the intention of taking her back, it is considered cohabitation under a misconception (waty ), and any child born from it is attributed to the husband. It is recommended for the husband to have witnesses for the return. The divorced wife has the right to refuse intimacy with her husband until he has witnesses for her return. The husband must repent for cohabiting with his divorced wife without the intention of taking her back, acknowledge his child, and consider taking his wife back. If the case is brought before a judge, his ruling is binding. In Western countries, a knowledgeable person (man of knowledge) can be appointed as an arbiter whose ruling is to be implemented.
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- Original fatwa ID
- 12096
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