If a man has intercourse with his wife to relieve his need, without the intention of taking her back, is it considered a taking back?
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Question:
He says: Honorable Shaykh, may Allah grant you success. If a man divorces his wife and, during the waiting period, he has intercourse with her without intending to take her back, but only wanting to relieve his need from her, what is the ruling in that?
Answer:
Is this considered a taking back? Is intercourse considered a taking back? He took her back by that. This is more emphatic than words, more emphatic than saying, "I have taken her back." Yes.
He says: Honorable Shaykh, may Allah grant you success. If a man divorces his wife and, during the waiting period, he has intercourse with her without intending to take her back, but only wanting to relieve his need from her, what is the ruling in that?
Answer:
Is this considered a taking back? Is intercourse considered a taking back? He took her back by that. This is more emphatic than words, more emphatic than saying, "I have taken her back." Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3364- 4717] إذا جامع الرجل زوجته لقضاء حاجته لا بنية الرجعة فهل يعتبر رجعة ؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
