Does physical contact with a divorced wife intended for sexual gratification constitute revocation (Raja'ah)?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

The established position attributed to Ahmad is that touching the divorced wife with desire (li-shahwa) does not constitute revocation. This is because such an act, unlike sexual intercourse (watu'), does not necessitate the commencement of an 'iddah (waiting period) or entail a dower (mahr).

Supporting text

Sufyan al-Thawri and the people of opinion (Ahl al-Ra'y) hold that it is a valid revocation because it is a form of enjoyment (istimta') permissible only through the marital bond, analogous to sexual intercourse.