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The question

What is the ruling on intercourse between spouses after a revocable divorce and during the waiting period, with both parties agreeing to reconcile, but official reconciliation is difficult due to the refusal and conditions of the wife's family?

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

If the divorced wife is observing her 'iddah (waiting period) from a revocable divorce (first or second divorce), then the husband may take her back verbally or by action without requiring her consent, knowledge, a dowry, or a guardian. His sexual intercourse with her, with the intention of taking her back, is considered a valid return, and there is no sin in that. The wife's family or her mother have no right to interfere in this matter.

However, if the divorced wife is observing her 'iddah after the third divorce, she is not lawful for him until she marries another man and he consummates the marriage with her.

And if she is observing her 'iddah from an irrevocable minor divorce (such as khul' or annulment), she cannot return to him except with a new contract and a new dowry. His sexual intercourse with her in these two latter cases is considered zina (unlawful sexual intercourse). She must not be prevented from returning to her husband with a new contract if she wishes to do so. The mother-in-law's condition must be taken into account, and she should not be disobeyed if that would harm her or put her life at risk.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
65467
Imported
Translation status
Source text, unreviewed
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