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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on taking back a divorced woman from whom compensation was taken

Machine translationRead the Arabic original
Question:
Another person asks and says: What is the ruling on a man who divorced his wife with one divorce, while she was pregnant, and he took compensation from the wife’s guardian? After a period, she gave birth to a daughter, and then, after three years, he asked to take her back?

Answer:
If the divorce was only one, or only two, and she was pregnant, then he may return to her through a new marriage contract. As for taking her back before she gives birth, there is no harm in doing so without the need for a new contract, unless he took compensation. Compensation prevents taking her back, but it is permissible for him to return to her through a new marriage contract, even if he repeats this, provided he took compensation from her, or from her guardian, or from a stranger, if he took compensation for the divorce. In that case, the divorce becomes a minor final divorce, and he may return to her through a new marriage contract during the waiting period, or after it, if the divorce was one or two divorces.
As for if he divorced her with the final third divorce, then she is not lawful for him until she marries another husband and he consummates the marriage with her, meaning a new husband has intercourse with her. Then, if he divorces her, or dies and she completes her waiting period, she becomes lawful for her first husband.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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