Is a new contract required when taking back a wife?
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Question:
This person is asking: If he takes back his wife, does he have to contract with her again for another period and pay a mahr?
Answer:
There is a distinction here. If the divorce was a revocable divorce, where he divorced her less than three times, he may take her back as long as she is in the 'iddah without a new contract, because she is his wife. As long as she is in the 'iddah and her divorce was less than three times, and he did not take a compensation for it—since a divorce without compensation is less than three times—he has the right to take her back as long as she is in the 'iddah without a contract.
Allah the Exalted said:[Al-Baqarah 2:228] Divorced women must wait with themselves for three menstrual cycles, meaning three periods or three purifications, according to the difference of opinion, [Al-Baqarah 2:228].
As for if the divorce was a final divorce, if the divorce was a final divorce, whether he completed the three or it was less than three but with compensation, this is a final divorce, either a minor or major final divorce. In this case, a contract is necessary, and a mahr is necessary. A contract, a mahr, witnesses, and a wali are necessary. This must be done with her consent. As for taking her back, that is his right, even if she does not consent, because she is his wife. Yes.
This person is asking: If he takes back his wife, does he have to contract with her again for another period and pay a mahr?
Answer:
There is a distinction here. If the divorce was a revocable divorce, where he divorced her less than three times, he may take her back as long as she is in the 'iddah without a new contract, because she is his wife. As long as she is in the 'iddah and her divorce was less than three times, and he did not take a compensation for it—since a divorce without compensation is less than three times—he has the right to take her back as long as she is in the 'iddah without a contract.
Allah the Exalted said:
And their husbands have more right to take them back in this
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَit is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation
وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًاAs for if the divorce was a final divorce, if the divorce was a final divorce, whether he completed the three or it was less than three but with compensation, this is a final divorce, either a minor or major final divorce. In this case, a contract is necessary, and a mahr is necessary. A contract, a mahr, witnesses, and a wali are necessary. This must be done with her consent. As for taking her back, that is his right, even if she does not consent, because she is his wife. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجب عند مراجعة الزوجة عقد جديد؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.