Is recalling a divorced wife obligatory upon the husband?
General Chapter
Al-Mughni
Book of Divorce
Primary text
Recalling a divorced wife is recommended (mustahabb) due to the Prophet's command for recall, as the minimum status of a command is recommendation. Furthermore, recall removes the basis for the prohibition of divorce. This position is held by Al-Thawri, Al-Awza'i, Al-Shafi'i, Ibn Abi Layla, and the companions of opinion (Ahl al-Ra'y). The evidence for recommendation stems from the aforementioned command, which does not reach the level of obligation.
Supporting text
The obligation of recall is held in another narration from Ahmad, which he preferred, and it is the view of Malik and Dawud. Their basis is the apparent wording of the command suggesting obligation, and the fact that recall serves to preserve the marriage, which is obligatory here due to the prohibition of divorce. Recall is also considered retention (imsak) of the wife, supported by the verse {Retain them according to what is right} [Quran 2:231], making it obligatory like retention before divorce.