Does sexual intercourse (watu') during prohibited states resolve the impediment to the previous wife's remarriage?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
The Hanafi and Shafi'i schools, alongside the apparent reading of the text, hold that the preceding wife becomes permissible (حل) for her first husband if he engages in sexual intercourse with her under circumstances where the intercourse itself is impermissible due to a temporary impediment, such as menstruation, post-natal bleeding (nifas), being in a state of Ihram (for pilgrimage) for one or both spouses, or if one spouse is observing a mandatory fast. The primary evidence supporting this view is the verse, "until she marries a husband other than him" (Quran 2:230), asserting that this condition has been met. Another supporting evidence cited is the general requirement: "until you taste his honey, and he tastes your honey." Furthermore, the act is considered intercourse within a valid marriage contract in the proper place for intercourse and intended for completion, thus effecting the resolution, similar to lawful intercourse or intercourse when the prayer time is restricted or when the wife is ill.
Supporting text
The view held by Malik, and supported by some jurists mentioned here, dictates that such intercourse does not resolve the impediment. This is because the intercourse is forbidden concerning a right of Allah (Haqq li-Allah), thus it does not effect the resolution, analogous to intercourse with an apostate woman (murtaddah).