Is a divorce considered final and irrevocable if there was a legitimate seclusion between the spouses and enjoyment occurred without penetration, then the divorce took place before consummation?
If a man divorces his wife before consummation and seclusion, his divorce is irrevocably [باين] binding according to the consensus of scholars, and she cannot return to him except with a new contract and dowry. However, if he secluded himself with her in a valid seclusion and then divorced her, there is a disagreement as to whether it is an irrevocably binding [بائن] or revocable [رجعي] divorce. The majority hold that it is irrevocably binding, while the Hanbalis differ. If the spouses dispute this, the reference point is the judge, for his ruling resolves the disagreement, or one can consult a scholar for a after informing him of the true circumstances.
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