What is the ruling on a woman subject to 'Raj'a' (revocable divorce) being engaged in sexual intercourse (Wat' / intercourse)?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
If intercourse occurs with a revocable divorcee, the intercourse itself does not establish the return (Raj'a). Consequently, she must commence a new waiting period (Iddah) from the time of the intercourse. This new period incorporates the remainder of the Iddah from the original divorce because both are Iddahs resulting from the same man, causing them to overlap (tadakhul). If she was in the remaining part of the first Iddah (from divorce), he may revoke the divorce. However, once the remainder of the first Iddah passes, he cannot revoke the divorce during the remainder of the Iddah resulting from the intercourse, as the latter is an Iddah due to suspicious intercourse (Wat' Shubah). If she becomes pregnant from the intercourse, she enters the Iddah of the intercourse, which subsumes the remainder of the first Iddah, as both relate to one man. Both Iddahs conclude completely upon delivery of the child, as the pregnancy period is indivisible. He may reconcile with her before delivery because she is still within the Iddah stemming from the divorce.
Supporting text
It is possible that the two Iddahs do not overlap because they are of different types. In this view, she would only be considered in the Iddah specifically for the intercourse. Regarding whether he can reconcile with her during the pregnancy period, there are two differing analyses previously established for when pregnancy results from the intercourse of a second husband. If she delivers, she completes the Iddah of the divorce, and he retains the right of reconciliation during that remaining portion because it stems from the divorce Iddah. If he divorced her while pregnant and then had intercourse, her Iddah concludes with the delivery of the child from both events. Another possibility is that she must begin a new Iddah for the intercourse only after delivery, and in this scenario, he has no right of reconciliation after delivery under any condition.