If a man divorces a wife with whom he has not had intercourse, he has no right to take her back except through a new contract with its conditions
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Fatwa number ( 872 )
Q: A dispute arose between him and his wife (S.S.) before he had intercourse with her. He sent her out of his house, saying, "Go to your family," and intended thereby to divorce her. He wishes to take her back. He was asked about what he intended regarding the divorce, and he said, "Only one divorce." He was asked about the reason for her being in his house since he had not had intercourse with her, and he said, "She came to my house asking me to give her gold, otherwise she would not go with me."
A: What the questioner did to his wife is considered one divorce. Since he did not have intercourse with her and did not have seclusion with her, she is not permissible for him except through a new contract and a new mahr with her consent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A dispute arose between him and his wife (S.S.) before he had intercourse with her. He sent her out of his house, saying, "Go to your family," and intended thereby to divorce her. He wishes to take her back. He was asked about what he intended regarding the divorce, and he said, "Only one divorce." He was asked about the reason for her being in his house since he had not had intercourse with her, and he said, "She came to my house asking me to give her gold, otherwise she would not go with me."
A: What the questioner did to his wife is considered one divorce. Since he did not have intercourse with her and did not have seclusion with her, she is not permissible for him except through a new contract and a new mahr with her consent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
