What is the ruling on intercourse during the waiting period (iddah) after a revocable divorce if there is no intention of reconciliation on the husband's part, and is it considered a retraction of the divorce?

If a man divorces his wife with the first or second divorce without compensation, it is a revocable divorce, and he has the right to take her back as long as she is within her waiting period (iddah). According to the consensus of scholars, the revocation (raj'ah) can be effected verbally, such as by saying, "I take you back." Jurists differed on whether the revocation can be effected by action:

1. Hanafi School: Revocation occurs absolutely through sexual intercourse and its preliminaries (kissing, touching with desire), considering it a revocation by implication. 2. Maliki School: Revocation occurs through action (sexual intercourse and its preliminaries) provided the husband intends to revoke the divorce. 3. Shafi'i School: Revocation only occurs verbally, and it is not valid through action at all. 4. Hanbali School: Revocation occurs through sexual intercourse, whether the husband intends it or not, but it does not occur through the preliminaries of sexual intercourse.

Therefore, if a man has sexual intercourse with his divorced wife during her iddah without the intention of revoking the divorce, she does not return according to the majority of scholars, but she does return according to the Hanbalis.

The more preponderant opinion is that sexual intercourse does not effect revocation unless there is an intention to revoke.

Sexual intercourse without the intention of revocation is forbidden, and repentance for it is obligatory. The perpetrator is not subject to the prescribed punishment for fornication (hadd al-zina), but he is subject to discretionary punishment (ta'zir).

Ibn Uthaymeen said: "If he had sexual intercourse with her without the intention of revocation and she gave birth to a child, that child is his, because it is intercourse by way of شبهة (resemblance/doubt), and he is not subject to the prescribed punishment for fornication for it; rather, he is subject to discretionary punishment."

If a dispute arises regarding the revocation, the matter should be referred to the Sharia court.