Is the wife still under the husband's authority based on his taking her back during the iddah, even if she refused, believing that her consent is a condition for taking her back, and is the husband obligated to follow the opinion of those who stipulate witnessing for reconciliation or divorce if it was not witnessed?
If a man divorces his wife with two pronouncements and takes her back during her waiting period (), she returns to his marital bond without consideration for her consent, because the revocation of divorce does not depend on the woman's consent. The revocation occurs without the need for witnesses according to the majority of scholars, though it is recommended to have witnesses for it. However, if he divorces her with three pronouncements, she becomes irrevocably separated from him (baynunah kubra), and he cannot take her back unless she marries another man, consummates the marriage with him, and then is separated from him by divorce or death, and her waiting period from him has ended.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 165284
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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