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The question

Is it permissible for the wife to return to the husband after she requested a divorce via text message, and he responded with another message saying, "You are divorced," and then he took her back by saying, "I have taken you back into my عصمة (bond of marriage) and you have one divorce (remaining)" after a valid private meeting, especially since she was menstruating at the time of the divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The divorce initiated by the husband over the phone takes effect if he intended it. If the divorce occurs before consummation but after a valid private seclusion ( shar'iyya), the re-marriage (raj'a) is valid according to the Hanbalis without a new contract, though it is preferable to renew the contract out of consideration for the opinion of the majority. The presence of menstruation does not prevent the occurrence of divorce, whether before or after consummation, according to the majority of scholars. Divorce issued by the husband is binding and does not require witnesses, with the caveat that it is impermissible to request a divorce without a valid Shar'i reason.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
102361
Imported
Translation status
Source text, unreviewed
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