Is a new marriage contract required for a reconciled couple after a final divorce?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
If a couple agrees to reconcile after a definitive separation, a new marriage contract is mandatory. This is because the previous marriage bond is considered dissolved upon the definitive separation. When they marry again, she is under a previous three-fold divorce count. Ahmad explicitly stated this ruling. The ruling is sound because the separation was due to a defect (*'ayb*), which does not prevent a subsequent marriage contract, similar to a separation due to the freeing of a slave or other defects. Furthermore, if the woman was content to remain in the marriage or did not request nullification, the annulment would not have been permissible, which distinguishes this case from irreversible prohibitions.
Supporting text
A second opinion is mentioned, stating that the couple can never reunite. This view holds that because the separation resulted from a judicial ruling, remarriage is forbidden, analogous to the separation resulting from mutual imprecation (Li'an).