Is a wife who was verbally divorced, and was not re-intercoursed after her divorce, and reconciled with her husband without a new contract, living in sin, and must she renew the contract to return to him, and what is the meaning of the phrase: "a seclusion in which intercourse is usually possible"?
If a husband divorces his wife while in a state of extreme anger that deprives him of awareness and perception, then his divorce is not valid. However, if his anger does not reach this level, then his divorce is effective. If the divorce occurs after a valid seclusion ( sahiha), then this is considered like consummation according to the majority of scholars. In this case, the husband may take back his wife before her waiting period () expires, without the need for a new contract. If he takes her back, she returns to his marital bond and becomes lawful for him. If he does not take her back until her waiting period expires, then she becomes irrevocably divorced from him (ba'inat), and she is not lawful for him except with a new contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/128366
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 128366
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy