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The question

Should a woman return to her ex-husband with a new marriage contract and a new dowry, retaining two divorce pronouncements, knowing that her first marriage contract was void due to her circumambulating the Kaaba without ablution during Umrah, and that her husband was unaware of this?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed regarding the requirement of purity for circumambulation (). The majority of them stipulate it, and such a woman remains in her state of until she circumambulates in a state of purity, and her marriage is invalid due to her being in ihram. The Hanafis, a narration from the Hanbalis, and Shaykh al-Islam Ibn Taymiyyah held the view that purity is not a requirement, so the marriage is valid, and it suffices her to slaughter a sheep or a camel. As for the divorce that occurred in this marriage, it is effective and counted as one of the divorces, whether the marriage was valid or invalid, because the invalidity of the marriage is disputed from two perspectives: the woman exiting ihram in the opinion of some scholars, and the validity of marrying a person in ihram being a matter of dispute.

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Where this answer came from
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Ftawy
Original fatwa ID
111561
Imported
Translation status
Source text, unreviewed
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