Does the *iddah* entail the right of reconciliation (*ruj'ah*) for the husband after valid seclusion without consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
Yes, the right of reconciliation belongs to the husband because the marriage contract has not been dissolved, the count of divorce has not been completed, and no compensation was paid for the divorce. Therefore, he has the right to take her back, just as if he had consummated the marriage. She is also entitled to maintenance and housing during the waiting period because these are due to a wife over whom the husband retains the right of reconciliation.
Supporting text
Al-Thawri and Abu Hanifa maintain that if the husband admits to not having intercourse, he has no right of reconciliation. Furthermore, valid seclusion without consummation does not establish permissibility for remarriage to a third husband after three divorces, nor does it establish legal grounds for the *hadd* (punishment) for adultery, nor does it necessitate ritual washing (*ghusl*), nor does it resolve impotence (*in’n*), nor does it establish *fay’ah* (revocation of an oath against intercourse).