The First Case: Divorce for Compensation.
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The Shaykh : If the divorce is for a compensation paid by the woman, her guardian, or someone else, whether small or large, then there is no right of taking her back for her husband except through a new contract. Take this section:
If the divorce is for a compensation paid by the woman, her guardian, or someone else, whether small or large, the husband has no right to take her back except through a new contract that fulfills all the conditions.
For example: A woman said to her husband, "I will give you one thousand riyals, so divorce me." He said, "Yes," and divorced her for one thousand riyals. Does he have the right to take her back?
He does not have the right to take her back, even during the waiting period. If he said, "I have taken you back, so take the one thousand riyals you gave me," we say there is no taking back.
The evidence is the saying of Allah the Exalted:[Al-Baqarah 2:229] meaning regarding the compensation by which she redeems herself. If he had the right to take her back, this compensation would not be a redemption, because the one who redeems himself with something from something means that he owns the thing from which he was redeemed once he has given the compensation.
Now, if someone says: What if the husband and wife agree to take her back along with the payment of the compensation?
We say: There is no harm if they agree, but on the condition that there is a new contract, a bridal gift, and witnesses, as if he is marrying her now.
If the divorce is for a compensation paid by the woman, her guardian, or someone else, whether small or large, the husband has no right to take her back except through a new contract that fulfills all the conditions.
For example: A woman said to her husband, "I will give you one thousand riyals, so divorce me." He said, "Yes," and divorced her for one thousand riyals. Does he have the right to take her back?
He does not have the right to take her back, even during the waiting period. If he said, "I have taken you back, so take the one thousand riyals you gave me," we say there is no taking back.
The evidence is the saying of Allah the Exalted:
But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself
فإن خفتم ألا يقيما حدود الله فلا جناح عليهما فيما افتدت بهNow, if someone says: What if the husband and wife agree to take her back along with the payment of the compensation?
We say: There is no harm if they agree, but on the condition that there is a new contract, a bridal gift, and witnesses, as if he is marrying her now.