of a marriage to a divorced woman; it is the continuation of a marriage, not the initiation of a contract. Continuation is stronger than initiation. This is why it does not require a guardian or witnesses. This is a juristic principle that the seeker of knowledge should understand.
Accordingly, if a person applies perfume before entering the state of ihram and its fragrance remains on him after he enters ihram, that is permissible. But if he applies perfume after entering ihram, it is not permissible, because continuation is stronger than initiation. Likewise, if a person wishes to conclude a marriage contract with a woman while in ihram, it is prohibited; yet if he takes back his divorced wife while in ihram, it is permissible, because continuation is stronger than initiation.
As for the wording used for taking one’s wife back, he said: “By saying, ‘I have taken my wife back.’” The author, may Allah have mercy on him, thereby informs us that taking one’s wife back is not effected merely by intention. Thus, if he intends to take his wife back without uttering any words, the taking back is not valid. Rather, he must state it explicitly, saying, “I have taken my wife back.”
His statement, “or similar words,” means words similar to this expression, such as saying, “I have restored her,” “I have retained her,” “I have sought her,” and the like—expressions that indicate taking her back. Thus, taking one’s wife back is valid through any wording that conveys this meaning.
His statement, “not, ‘I have married her,’ or similar words,” means that it is not effected by saying, “I have married her,” or similar expressions. If this is a declarative statement, it refers to something past, since he had married her previously. If it is intended as a performative declaration, then it would constitute a new marriage contract, since marriage is explicit wording for a contract. Thus, if he says, “I have married her,” we say: She has not become separated from you such that you need to marry her again; she is still within your marriage bond, for Allah has called you her husband: “and their husbands have a better right to take them back.” Thus, if, concerning a revocably divorced woman, you say, “I call you to witness that I”