Is it permissible for a man to take back his divorced wife—a first divorce, while she is pregnant and they have a baby girl—on the condition that their relationship be limited to financial support and raising the children, with the possibility of him marrying another woman? And is it required to inform two witnesses of this agreement upon reconciliation?
A husband may reconcile with his wife on the basis of her relinquishing her right to overnight stay or maintenance in exchange for him not divorcing her. This is permissible, as stated in the Almighty's words: "And if a woman fears from her husband desertion or evasion, there is no sin upon them if they make terms of reconciliation between them; and reconciliation is better." Aisha (may Allah be pleased with her) interpreted this verse to mean that the woman tells her husband: "Keep me and do not divorce me, then marry someone else, and you are absolved from my maintenance and from dividing your time with me." This reconciliation occurs during the marriage. As for a conditional return (from divorce), there is a difference of opinion. The more cautious approach is to return without condition, then give the wife the choice between divorce or staying while relinquishing her right. Witnessing the return is recommended. Practically, it is preferable to reconcile and overlook disputes. It should be noted that stipulating the relinquishment of the right to overnight stay and intimacy might be unfair to a young woman and could expose her to problems. Therefore, the advice is to discuss the matter calmly and overcome points of disagreement.
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