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The question

What is the Shar’i ruling on a husband taking back his wife after divorcing her in absentia, knowing that there was physical contact between the spouses after the marriage contract but before consummation?

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

If you enjoyed your wife before consummation, without a valid seclusion, or if you divorced her and her waiting period () expired, then she is irrevocably divorced from you (bā’inat), and you must perform a new marriage contract for her return. However, if you had a valid seclusion with her and then divorced her before consummation, some scholars permit her return without a new contract. If you took her back verbally or through intercourse before the expiry of her waiting period, she has returned to your marital bond.

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Ftawy
Original fatwa ID
150146
Imported
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