return to one another,” meaning that each of them returns to the other. Yet this is the initiation of a new marriage contract, not a resumption following a divorce. This shows that murājaʿah (returning) in the Quran and Sunnah does not refer only to its technical legal sense—restoring a revocably divorced wife to the marriage—but is broader than that. Thus, what is meant in the hadith of Ibn Umar, may Allah be pleased with him, is not the technical legal resumption, but the linguistic sense: that she return to her husband.
In sum, this issue, concerning which there is such disagreement, requires the student of knowledge to give it thorough attention, because the path of precaution is not possible here. If you say, “I want to take the cautious approach,” which path will you take? If you say, “The cautious course is to validate the divorce,” you fall into difficulty, because you will make her lawful to another man to whom she is not lawful. And if you say, “The cautious course is not to validate it,” then this presents a second problem, because you will make her lawful to her husband when she is unlawful to him. This is therefore one of the issues in which it is impossible to follow a precautionary course. What one must do, to the best of one’s ability, is to investigate and establish either this view or that view; there is no third option.
A similar case in matters of worship is the scholars’ disagreement over when the time for the afternoon prayer begins. Some scholars say that the time for the afternoon prayer does not begin until the shadow of everything becomes twice its length. The majority, however, say that it begins when the shadow of everything becomes equal to its length, and that it is forbidden to delay the prayer until the shadow of everything becomes twice its length. So how can you take the cautious course? If you pray before the shadow of everything becomes twice its length, the former group will tell you, “It is forbidden for you, and your prayer is invalid.” But if you pray immediately after the shadow of everything becomes twice its length, the others will tell you, “Your delaying the prayer