Does sexual intercourse effect revocation if the husband intends it?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
Revocation is achieved through sexual intercourse if the husband intends it. This is the position adopted by Malik and Ishaq. The reasoning is that this time period leads toward final separation (Baynunah), and therefore, sexual intercourse terminates that state, similar to the period of Iylaa' (oath of continence). Additionally, divorce initiates the cessation of ownership, which grants the husband an option; thus, the owner's action through intercourse prevents the operation of the divorce clause, just as the seller's intercourse with a slave girl sold during the option period invalidates the option.
Supporting text
Abu Al-Khattab mentioned that if we rule that sexual intercourse is permissible (Mubah) in this situation, the revocation is established by it, just as it terminates the authorization given for the husband to pronounce divorce upon her. However, if we rule that the intercourse is forbidden (Muharram), the revocation is not established, because it is a forbidden act and cannot be the cause for a permissible outcome, similar to the intercourse of the Muhallil (one who marries a divorced woman solely to make her lawful to her first husband).