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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Reviewing the taking back of a woman divorced once with a new contract and a new mahr

Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a man divorces his wife with one divorce and then wants to take her back, is he required to contract with her again with a new mahr? If a man divorces his wife with one divorce and then wants to take her back, is he required to contract with her again with a new mahr?

Answer:
If he divorced her with one divorce and there was no prior divorce, meaning this is the first time and nothing preceded it, and she is a woman with whom he has consummated the marriage, then this is a revocable divorce. As long as she is in the waiting period, he takes her back without a new contract because she is his wife.
And their husbands have more right to take them back in thisوَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ
[Al-Baqarah 2:228]
He called them "those who are in the waiting period," meaning wives. But if her waiting period has ended, then he does not, he does not take her back except with a new contract, because the waiting period has ended. So he may take her back with a new contract. Yes.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (25:57)

The Arabic text is a machine transcription of the audio recording.

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