What is the ruling regarding the 'Iddah (waiting period) if a man divorces his wife, takes her back (Ruju'), and then divorces her again before consummating the marriage after the reconciliation?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
The primary opinion is that the waiting period for the second divorce is counted based on the first divorce period, meaning the new waiting period does not start anew. This view is supported by Al-Maymuni, Abu Bakr, 'Ata', and one narration from Al-Shafi'i. The evidence cited is that both divorces occurred without consummation following the first divorce, thus the waiting period remains tied to the initial separation, similar to if the reconciliation had not occurred. Furthermore, since the reconciliation was not followed by consummation, the second divorce does not necessitate a full new waiting period, analogous to a divorce immediately following a marriage contract before consummation.
Supporting text
The second, and more authoritative, view dictates that the waiting period must be restarted (est-an-naf). This position is held by Ibn Mansur, Tawus, Abu Qilabah, 'Amr ibn Dinar, Jabir, Sa'id ibn 'Abd al-Aziz, Ishaq, Abu Thawr, Abu 'Ubayd, the People of Opinion (Ashab al-Ra'y), and Ibn al-Mundhir. Al-Thawri stated there is consensus on this latter point. Abu Al-Khattab narrated from Malik that if the husband intended harm (Idrar) by the second divorce, the wife counts the remaining period from the first; otherwise, she restarts the period, based on the Quranic verse stating the right of the husband to take back his wives if he intends reconciliation (Quran 2:228). The stronger position maintains that since the first divorce disrupted the marriage, and the reconciliation mended it, the second divorce occurs within a marriage that had been consummated previously (even if not after the reconciliation), thus requiring a full new waiting period, similar to a case where a woman reverts from apostasy, accepts Islam, and is then divorced.