If the woman divorced with a revocable divorce exits the waiting period, she is not lawful for her husband except with a new contract
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Question: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother, M. A. N., may Allah guide him to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter dated 10/3/1392 AH has arrived—may Allah guide you—and I understood what you mentioned regarding the divorce that occurred from the aforementioned husband to his wife, namely that he divorced her on 15 Dhul-Hijjah of the year 1392 AH with a single divorce, and took her back on 7 Safar of the year 1392 AH.
Answer: The aforementioned husband came to me and provided information similar to what you mentioned. He also stated that he had not divorced her before or after that. I instructed him to attend with her guardian (wali) to you, to be questioned about what he knows of the actual events, and whether any divorce preceded or followed it.
If he has nothing to contradict what was mentioned, and he does not know of any other divorce having occurred, and it is established with you that he took her back during the waiting period, then one divorce has taken effect on her, and his taking her back is valid. However, if she had exited the waiting period at the time of the taking back, she is not lawful for him except with a new marriage, with its conditions considered valid by the Shari'ah.
You should summon her and question her about what we mentioned, because that is more cautious and clears the conscience, and because the guardian may not achieve the full objective by his attendance alone. However, if both of them attend with you, that is more complete and clears the conscience. May Allah reward your efforts, and I hope that such incidents will be referred to the court with you in the future, because there is no difficulty with the judges regarding this. May Allah guide them all.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter dated 10/3/1392 AH has arrived—may Allah guide you—and I understood what you mentioned regarding the divorce that occurred from the aforementioned husband to his wife, namely that he divorced her on 15 Dhul-Hijjah of the year 1392 AH with a single divorce, and took her back on 7 Safar of the year 1392 AH.
Answer: The aforementioned husband came to me and provided information similar to what you mentioned. He also stated that he had not divorced her before or after that. I instructed him to attend with her guardian (wali) to you, to be questioned about what he knows of the actual events, and whether any divorce preceded or followed it.
If he has nothing to contradict what was mentioned, and he does not know of any other divorce having occurred, and it is established with you that he took her back during the waiting period, then one divorce has taken effect on her, and his taking her back is valid. However, if she had exited the waiting period at the time of the taking back, she is not lawful for him except with a new marriage, with its conditions considered valid by the Shari'ah.
You should summon her and question her about what we mentioned, because that is more cautious and clears the conscience, and because the guardian may not achieve the full objective by his attendance alone. However, if both of them attend with you, that is more complete and clears the conscience. May Allah reward your efforts, and I hope that such incidents will be referred to the court with you in the future, because there is no difficulty with the judges regarding this. May Allah guide them all.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.