If a husband divorces his wife revocably, and she marries another man during her waiting period, and he subsequently has intercourse with her (implying reconciliation), does the first husband retain the right of revocation?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 7 · Bab 1

Open in Qurani

Primary text

The correct opinion is that the first husband retains the right to take her back during the remainder of her first waiting period, because revocation is retention of the wife, and the subsequent intercourse with a stranger does not prevent the husband from retaining his wife, similar to when she is in the established marriage. The basis for this is that prohibition does not prevent revocation, as seen in the state of Ihram (pilgrimage sanctity).

Supporting text

A dissenting view holds that the husband loses the right of revocation because she has become illicit for him, preventing his valid attempt at revocation, similar to an apostate woman (murtaddah).