What is the ruling on a man who divorced his wife with a first, severe, angry pronouncement of divorce before consummating the marriage, and now wishes to reconcile with her after they have made peace?
Divorce before consummation is an irrevocable divorce (طلاق بائن), after which the husband does not have the right to take his wife back except with a new contract. Scholars differed regarding a situation where there was a private seclusion () but no actual consummation. Al-Shafi‘i and Malik are of the opinion that she is not required to observe the waiting period ('), and therefore, he cannot take her back except with a new contract. In contrast, Abu Hanifa and Ahmad are of the opinion that the private seclusion necessitates the waiting period, and thus the husband has the right to take her back as long as she is within the 'iddah. The first opinion is the more preponderant. If the anger reached a level that caused the husband to lose his mind, then the divorce does not take effect. However, if he did not lose awareness, then the divorce takes effect.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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