Does divorce take effect if the brother enters the house based on the husband's oath of divorce, and is actual reconciliation permissible by sleeping with the husband without his knowledge of the divorce having taken place?
If the wife's brother entered the house in the manner intended by the husband, the conditional divorce takes effect. There is a jurisprudential disagreement regarding the validity of raj'ah (returning to the marital relationship) merely by intercourse without intention. However, if informing the husband about the divorce would cause harm, it is permissible to adopt the view of those who validate raj'ah through intercourse without intention, to alleviate hardship, as is the view of the Hanbalis. Taking a concession by adopting some scholarly opinions when there is a pressing need is permissible. Spouses are advised to avoid using divorce or oaths as a means to solve problems, and the wife should not permit anyone whose entry her husband dislikes into his home.
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- Original fatwa ID
- 166291
- Imported
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