The Third Case: The Woman Divorced Before Consummation.
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The Shaykh : Now, what remains for us? The woman divorced before consummation. We mentioned that she has no waiting period, is that not so?
And if she has no waiting period, there is no taking her back. From the day he divorces her, she has control over herself, because taking back only occurs during the waiting period, and there is no waiting period for a woman divorced before consummation. The evidence that taking back only occurs during the waiting period is the saying of Allah the Exalted:[Al-Baqarah 2:228] until He said: [Al-Baqarah 2:228] How many are these?
Three: the woman divorced for compensation, the woman divorced with the final three divorces, and the woman divorced before consummation. None of these have a right to be taken back.
The woman divorced after consummation without compensation has a right to be taken back, based on the noble verse:[Al-Baqarah 2:228].
And if she has no waiting period, there is no taking her back. From the day he divorces her, she has control over herself, because taking back only occurs during the waiting period, and there is no waiting period for a woman divorced before consummation. The evidence that taking back only occurs during the waiting period is the saying of Allah the Exalted:
Divorced women remain in waiting for three periods
والمطلقات يتربصن بأنفسهن ثلاثة قروءAnd their husbands have more right to take them back in this [period] if they want reconciliation
وبعولتهن أحق بردهن في ذلك إن أرادوا إصلاحاThree: the woman divorced for compensation, the woman divorced with the final three divorces, and the woman divorced before consummation. None of these have a right to be taken back.
The woman divorced after consummation without compensation has a right to be taken back, based on the noble verse: