7. TAKING BACK A DIVORCED WIFE
(Lexically, to take back means returning, and in Sacred Law it means the return of a woman who is in her waiting period from an unfinalized, non-threefold divorce to the state of marriage.)
When a free man pronounces divorce upon his wife once or twice after previously having had sexual intercourse with her, then if the divorce is not (a release) for compensation, he may take her back at any time before the end of her waiting period, whether she wishes to return or not. Or he may finalize the divorce during this period (by pronouncing it a third time).
If the husband or wife dies (during the waiting period (of an unfinalized, non-threefold divorce», then the spouse inherits his or her obligatory share from the deceased’s estate division. though it is not permissible for the husband to have sexual intercourse with, look at, or physically enjoy the wife before he takes her back.
When a divorce occurs before the husband has made love to the wife, or afterwards (in a release) for compensation from her, then he may not take her back (without remarrying her).
Returning the wife to marriage is only valid by explicitly stating it, such as by saying, “I return her,” “I take her back,” or, “I retain her.” (The Hanafi’s consider the husband’s touching her with desire, such as kissing her, to be a valid return to marriage.)
It is not a necessary condition (but is sunnah) to have the return attested to by witnesses.
When a husband takes a wife back, she returns with whatever number (of times of saying “I divorce you”) remains to complete a threefold divorce. (If, for example, he has said it twice, then she only has one time left.)
When a free man has pronounced a threefold divorce, the divorced wife is unlawful for him to remarry until she has married another husband in a valid marriage and the new husband has copulated with her, which at minimum means that the head of his erect penis fully enters her vagina.
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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