What constitutes the revocation (Ruj'ah) of a revocable divorce?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
Revocation of a revocable divorce necessitates verbal declaration. This view is held by Al-Kharaqi and is the position of Al-Shafi'i. The evidence supporting this is that revocation permits the resumption of sexual intercourse, which is an act requiring witnesses, thus it cannot be accomplished by non-verbal means by one capable of speech, similar to the marriage contract itself. Furthermore, any act performed by one capable of speech that is not the statement itself cannot effect the revocation, analogous to a gesture made by a fluent speaker. This constitutes one of the narrations attributed to Ahmad.
Supporting text
A second narration from Ahmad, favored by Ibn Hamid and Al-Qadi, states that revocation is achieved through sexual intercourse (Wat'u), regardless of whether the husband intended the revocation by performing it. This view is also held by Sa'id ibn al-Musayyib, Al-Hasan, Ibn Sirin, 'Ata', Tawus, Al-Zuhri, Al-Thawri, Al-Awza'i, Ibn Abi Layla, and the Ashab al-Ra'y (supporters of the opinion).