Taking Back a Wife Through Intercourse Without Witnesses After a Divorce During Menstruation
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man divorced his wife with one divorce while she was menstruating, and she had not yet performed the full ritual bath from her menstruation. Then he took her back through intercourse without witnesses. Does he owe anything? And are there conditions for taking a woman back?
The Shaykh:
Taking a wife back is accomplished by words, and it is accomplished by action. So if he has intercourse with her, the taking back is accomplished. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
Witnessing the taking back is a recommended practice (sunnah). The taking back is valid even if there are no witnesses. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man divorced his wife with one divorce while she was menstruating, and she had not yet performed the full ritual bath from her menstruation. Then he took her back through intercourse without witnesses. Does he owe anything? And are there conditions for taking a woman back?
The Shaykh:
Taking a wife back is accomplished by words, and it is accomplished by action. So if he has intercourse with her, the taking back is accomplished. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
Witnessing the taking back is a recommended practice (sunnah). The taking back is valid even if there are no witnesses. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:16:50)
The Arabic text is a machine transcription of the audio recording.