What is the ruling on resuming marital life or renewing the contract after divorcing the wife while she was menstruating, then cohabiting with her for a year before stopping due to a fatwa regarding the validity of the divorce?
The divorce of a menstruating woman is valid according to the majority of scholars. If a judge rules it valid, then it is correct and resolves the dispute. If the marriage officiant (ma'dhun) acts as a judge, then his divorce is valid, and the wife is considered divorced. If her waiting period () from her first divorce has ended, she cannot be remarried except with a new contract. However, if the marriage officiant is merely a (giver of fatwas), and his ruling does not resolve the dispute, then if you acted upon his , following the majority of jurists, you are not allowed to retract it, and you must abide by what you acted upon. If it was the first divorce and the waiting period has expired, and you wish to remain with her, you must enter into a new contract as a precaution for your religion.
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