What is the ruling regarding the revocability of a divorce pronounced by the judge when it is less than three repudiations?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
When the Muuli divorces, or the judge divorces on his behalf, less than three repudiations, he has the right to take her back (Raj'ah). This is the position held by Al-Kharqi, aligning with Al-Shafi'i, as the judge is acting as his deputy, and his pronouncement does not take effect as an irrevocable one, just as the Muuli's own pronouncement did not initially effect irrevocability. If the wife does not return before the end of her waiting period, she becomes irrevocably separated, and a second divorce is not registered against him.
Supporting text
There is another narration from Imam Ahmad stating that the separation decreed by the judge carries no right of return, neither during the waiting period nor afterwards, meaning the judge's divorce is irrevocable (Ba'in). Abu Bakr mentioned two narrations for every separation decreed by the judge, whether due to Ila' or 'Inan (impotence): one that renders her permanently forbidden, and another that permits reconciliation through a new contract. The latter view is considered correct, and there is nothing in Ahmad's statements mandating permanent prohibition.