Does the ruling of Ila' recommence if a Muuli who divorced his wife revocably (less than three) remarries her after the waiting period?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the Muuli divorces his wife so that she becomes irrevocably separated—whether by dissolution, divorce by three, Khul', or by the expiration of the waiting period following a revocable divorce—the period of Ila' is cut off without known disagreement, as she becomes a stranger to him, and none of the rulings of their marriage remain. If he subsequently marries her again, the ruling of Ila' resumes from the moment of the new marriage, and the period recommences. If the remainder of his oath period was four months or less, the ruling of Ila' is not established because the required waiting period is four months. If it was more than four months, he waits four months, then is stopped to reconcile or divorce, whereupon the judge divorces him if he fails to act. This is the position of Malik.
Supporting text
Abu Hanifa states that if the divorce was less than three, and he lets the waiting period pass before remarrying her, the Ila' recurs. However, if he completed the full count of divorces, the Ila' does not recur because the ruling of the first marriage was completely extinguished, allowing him to remarry her on a triple divorce, making his prior Ila' the same as his Ila' regarding a stranger. The companions of Al-Shafi'i have three views: two corresponding to the main positions, and a third that the ruling of Ila' never recurs, which is the position of Ibn al-Mundhir, because she is now in a state where an oath of Ila' from him would be invalid, thus voiding the ruling of Ila' from her, analogous to a triple divorce.