How can a wife who was divorced with a single, revocable pronouncement while menstruating four days ago be taken back, and does this require referring to the court?
Divorcing a wife during her menstrual period is forbidden by the Qur'an, the , and the consensus of scholars. The majority of scholars hold that such a divorce, though prohibited, does occur. If this divorce is the first or second, it is a revocable divorce (ṭalāq rajʿī), and the husband has the right to take his wife back as long as she is within her waiting period (ʿiddah), without a new marriage contract or a new dowry. This can be done by saying, "I take you back," or any phrase indicating the same, or by engaging in sexual intercourse or lustful touching with the intention of reconciliation. It is recommended to have witnesses for the reconciliation, and there is no condition to refer to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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