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[Does Revocation Apply to One Who Divorced After a Valid Seclusion Without Intercourse?]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18767
Number of views: 2
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[Does Revocation Apply to One Who Divorced After a Valid Seclusion Without Intercourse?]
Fatwa number: 18767
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Question

Question: A man divorced his wife after a valid seclusion (khalwah sahihah) without having intercourse, then later took her back (rajʿah). Is that revocation valid?

Answer

Answer: If the spouses agree, after the valid seclusion, that no intercourse occurred between them, then no waiting period (ʿiddah) is due upon the wife; and revocation is one of the concomitants of the waiting period. This is due to His—Most High—saying: “Then if you divorce them before you have touched them, you have no waiting period to count for them.” [Al-Ahzab:49].
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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