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The question

1. Is a رجعة (return to the marital union) achieved, even if the wife refuses, if the husband divorces his wife and then takes her back by saying: "Return," and touches her without penetration? 2. Does a divorce take place if a man says "yes" to a disbelieving judge in response to his question: "Is he still seeking divorce?" without the intention of divorce or uttering its words?

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

Revocation [of divorce] is valid if the divorce is less than three and before the 'iddah (waiting period) ends. It is valid with the utterance "Return" if revocation is intended, or by foreplay without intercourse with the intention of revocation. The wife's consent or knowledge is not required. However, if the 'iddah has ended or if the divorce completes the three, revocation is not valid except with a new contract or after she marries another husband. If the matter is limited to merely writing a request for divorce without explicit intention or utterance, then divorce does not occur. Muslims should refer such matters to Islamic centers or trustworthy scholars, and it is not permissible to resort to non-Sharia courts except in cases of extreme necessity.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
110925
Imported
Translation status
Source text, unreviewed
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