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The question

What is the ruling on a husband rupturing his wife's hymen with his hand during foreplay after the marriage contract (aqd) but before the wedding night (zafāf), and is this considered as if he had consummated the marriage with her, and does she have to observe the 'iddah (waiting period) if he divorces her, and is his taking her back (raj'ah) done through words and consummation, or with a new contract?

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

If a husband secludes himself with his wife in a valid seclusion ( sahiha) before consummation (dukhool), it is given the ruling of consummation, and the following rulings apply: the full Mahr (dowry) becomes obligatory, the ' (waiting period) becomes incumbent upon her, and the divorce is revocable (raj'i) according to the of Imam Ahmad, meaning the husband can take her back without a new contract. This is what the Rightly Guided Caliphs decreed and what the Companions unanimously agreed upon. As for the majority of scholars, they hold that the divorce is irrevocable (ba'in) after seclusion. If the husband needs a new contract to conceal the matter, there is no harm in that.

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Ftawy
Original fatwa ID
4968
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