Does the saying of the Rightly Guided Caliphs, "Whoever closes a door or lowers a curtain, the dower and the 'iddah become due," mean that if a man has a valid seclusion with his wife without engaging in intercourse, then divorces her, he can take her back without a new contract?
If a man contracts a marriage with a woman, and has a lawful privacy with her, then divorces her, he has the right to take her back as long as her waiting period () has not expired, or unless the divorce is an irrevocable one. This is the view adopted by the Hanbalis, and it is the preponderant one.
This is because divorce after a valid privacy is considered in its rulings like divorce after consummation. The majority of scholars (Abu Hanifa, Malik, and Shafi'i) disagreed with this, as they hold that mere privacy does not establish the ruling of revocability.
The Hanbali view is supported by the Almighty's saying: ﴿AND THEIR HUSBANDS HAVE MORE RIGHT TO TAKE THEM BACK IN THAT [PERIOD]﴾, and because she is observing her waiting period from a valid marriage contract.
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