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The question

What is the ruling on a marriage contract that is not officially documented, and what is the ruling on the seclusion and enjoyment that occurred between the spouses without consummation? Does a telephone divorce take effect in this case? Is it considered an irrevocable divorce of minor separation? Can the wife be taken back thereafter by saying, "I want you"?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the khulwah (private seclusion) with your wife was valid (meaning intercourse could normally occur therein), then the Hanbalis are of the view that her return is permissible without a new contract. However, the majority of scholars do not hold this view except with a new contract, unless one of you claims that waty (intercourse) took place.

According to the Hanbali , for the raj'ah (revocation of divorce) to be valid, an explicit statement is required, such as "I take you back." It does not occur through implication, such as "I love you and I want you," even though some of them mentioned the possibility of it occurring through implication with the intention.

So, if the (waiting period) has not ended, you can take her back, based on the view that valid khulwah is treated as dukhool (consummation), which is the -given opinion.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
161480
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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