Is the revocable divorcee considered legally prohibited (Muharramah) to her former husband during the waiting period (Iddah)?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
The apparent view derived from the statement of Al-Khiraqi is that the revocable divorcee is prohibited, based on the reasoning that if one is unsure whether the divorce was single or triple, one is certain of the prohibition and doubtful about the permissibility of return. This view is narrated from Ahmad and is the Madhhab of Al-Shafi'i. It is also reported from 'Ata' and Malik. The justification for this is that the divorce is a final ruling that establishes prohibition, similar to divorce effected by compensation (like Khul').
Supporting text
The apparent position of the Madhhab, as stated by Al-Qadhi, is that she remains permissible (Mubahah). Ahmad, in the narration of Abu Talib, stated she does not observe veiling (Hijab) from him. In another narration, she is permitted to adorn herself for him while she is in the Iddah. This is the Madhhab of Abu Hanifah, as she is in the ruling status of wives, thus permissible to him as before the divorce. There is no disagreement that the husband is not subject to Hadd punishment for intercourse with her, nor should Dower (Mahr) be incumbent upon him whether he reunites or not, as he had intercourse with his wife upon whom his divorce takes effect, similar to other wives.