Book of Return (Reconciliation after a Revocable Divorce)

For a husband to validly take his wife back, he himself must possess the legal capacity to marry. Thus, if he divorced her and then became insane, his guardian may effect the return on his behalf, according to the sound position, since that same guardian may initiate a marriage contract for him in the first place.

The return is effected by the husband’s saying, for example, “bi-rajʿatuki,” “rajʿatuki,” or “irtajʿatuki” (“I take you back”). The correct view is that the words “radd” (return) and “imsāk” (keeping) are explicit formulae, whereas “tazwīj” and “nikāḥ” (marriage) are indirect. He may also say, “I have returned her to myself” or “to my marriage.” In the later opinion, the presence of witnesses is not required, so the return is valid even when expressed allusively. It cannot be suspended upon a condition, nor is it effected by a mere act such as intercourse.

The right of return applies only to a wife with whom the marriage was consummated, who was divorced without compensation, whose threefold quota of divorces has not been exhausted, who is still within her waiting period, who remains legally permissible to him, and who has not apostatized.

If she claims that a waiting period measured in months has expired and he denies it, he is believed upon swearing an oath. If she claims the waiting period has ended because she delivered a pregnancy within the possible time span, and she is a menstruating woman, not post-menopausal, the sounder view is that she is believed upon her own oath.

Should she claim the birth of a fully formed child, the minimum time that makes such a claim possible is six lunar months and two instants from the date of marriage. If she says she miscarried a formed fetus, the minimum is 120 days and two instants; if an unformed clot, 80 days and two instants.

When she claims that her waiting period ended by completing three menstrual cycles, then:
• For a free woman divorced while pure, the absolute minimum is 32 days and two instants.
• If she was divorced during menstruation, 47 days and one instant.
• For a slave-woman divorced while pure, 16 days and two instants.
• If she was divorced during menstruation, 31 days and one instant.

She is believed so long as her claim does not contradict an established menstrual habit, and even if it does, according to the sounder opinion.

If the husband has intercourse with a wife who is in a revocable waiting period, she must begin counting her cycles anew from the moment of that intercourse with respect to the portion that remained, and enjoying her sexually thereafter is forbidden, for—