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The question

Is the divorce formulation written on paper, which is: "Mr. / A. B. M. divorced his wife, Mrs. / S. A. a final, irrevocable divorce, making her understand that she is not lawful for him until she marries another husband, and that is due to non-consummation," considered a final, irrevocable divorce, and is it permissible to take the wife back after this formulation, especially since there was a valid seclusion and everything short of intercourse before 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

Beware of prolonging the engagement and delaying the marriage, as it is among the good deeds that should be hastened, and delay can lead to misfortunes that hinder the marriage. If you utter the words of divorce, it has occurred. However, signing a divorce paper without uttering the words does not constitute a divorce. There is no consideration for what was written that the divorce is irrevocable and she is not lawful for him until she marries another husband, for divorce before consummation and valid seclusion results in a minor irrevocable divorce. As for divorce before consummation but after seclusion, the husband has the right to take his wife back, according to the more preponderant opinion. It is advised to consult the court to resolve disputes, as the judge's ruling is binding and resolves disagreements.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
157370
Imported
Translation status
Source text, unreviewed
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