What is the ruling on a man who has intercourse with his wife during a revocable divorce while he does not intend to take her back?

The questioner : Noble Shaykh, what is the ruling on a man who has intercourse with his wife during a revocable divorce while he does not intend to take her back?

The Shaykh : Yes. Some scholars (may Allah have mercy on them) hold that if a man has intercourse with his wife during a revocable divorce, and a revocable divorce is one in which he has the right to take her back without a new contract, then the intercourse constitutes taking her back, whether he intended to take her back or intended only to satisfy his desire. Others hold that it is not taking her back unless he intends it. If he intended to take her back, it becomes taking her back, based on the saying of the Prophet (peace and blessings be upon him): . This man did not intend to take her back, but rather intended only to satisfy his desire. However, in this case, according to this opinion, he is to be disciplined for what he did, because he was bold in doing something forbidden to him. Indeed, it is not permissible for him to have intercourse with her until he takes her back. According to this opinion, there is scholarly disagreement on this issue. In matters of scholarly disagreement, the ruling of the judge is to be followed. Yes.