Is it permissible for a man to take back his wife after divorcing her with a first repudiation, despite the wife's objection, her settling in another home, and her refusal to live with her ex-husband during the 'iddah period? And is she entitled to maintenance despite not living with him?
Firstly: It is not permissible for the husband to wear a condom without his wife's permission, because it prevents her from full enjoyment, which is her right.
Secondly: If the spouses agree to temporarily postpone childbearing for a need, the agreement is valid and must be fulfilled.
Thirdly: A woman who is revocably divorced ( raj'i) must observe her ' (waiting period) in the marital home, and it is not permissible for her to leave it except out of necessity. Otherwise, her maintenance () will be forfeited, unless she is pregnant.
Fourthly: A revocably divorced woman is considered, in effect, a wife, and her husband has the right to take her back into his marriage without her consent, based on the Almighty's saying: "And their husbands have more right to take them back in that [period] if they want reconciliation."
Fifthly: The 'iddah of a divorced woman who menstruates is three menstrual cycles. For a young girl and a woman who has reached menopause, it is three months. For a pregnant woman, her 'iddah ends upon childbirth.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 188653
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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