Can a wife be taken back after being divorced, given that there was a legitimate seclusion between them, and touching and kissing without intercourse after the marriage contract and before consummation, and is it permissible to take her back without a new marriage contract and mahr?
Scholars have differed regarding the ruling on divorce before consummation after a valid seclusion (khalwa sahiha): does the husband have the right to take her back (raj'a) or not? The Hanbalis held that the husband has the right to take his wife back in such a case without a new contract, and this is the relied-upon opinion (al-mufta bihi).
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