Chapter: Revocation (Rajʿa)

If a man divorces his wife with one revocable pronouncement or with two, he may take her back during her waiting period (ʿidda), whether she is pleased or not.

A revocation is effected when he says, “I have taken you back,” or, “I have taken my wife back,” or when he has intercourse with her, kisses her, touches her with desire, or looks at her private parts with lust.

It is recommended that two witnesses be called to the revocation; yet if he omits them, the revocation is still valid.

After the ʿidda has expired, if he claims, “I took her back while the waiting period was still in force,” and she believes him, the revocation stands. If she denies it, her word is accepted, and—according to Abū Ḥanīfa—she is not required to take an oath.

If the husband says, “I have taken you back,” and she replies, “My ʿidda is already over,” the revocation is not valid according to Abū Ḥanīfa.

If, once the slave-girl’s ʿidda has ended, her husband says, “I had taken her back during the waiting period,” and her owner believes him while she herself rejects the claim, her word prevails.

When the flow of the third menstrual period ceases for a full ten days, the right of revocation ends, even if she has not yet performed ghusl (ritual bath). If it stops for fewer than ten days, the right does not end until she performs ghusl, or a prayer time passes, or she performs tayammum (dry ablution) and then prays, according to Abū Ḥanīfa and Abū Yūsuf.

Muḥammad holds that the right of revocation ends as soon as she performs tayammum, even if she has not yet prayed.

If she performs ghusl but leaves some part of her body untouched by water, then—if the omitted part amounts to a whole limb or more—the right of revocation is not terminated; but if it is less than a limb, the right is terminated.

A woman who has been revocably divorced may adorn and beautify herself. It is recommended that her husband not enter upon her until he seeks her permission or lets her hear the sound of his sandals.

A revocable divorce does not forbid intercourse. If the divorce was irrevocable but fewer than three pronouncements, he may remarry her during her ʿidda or after it has ended.

If, however, the divorces have reached three in the case of a free woman, or two in the case of a slave woman, she is not lawful for him until she marries another husband in a valid marriage, he consummates the marriage with her, and then divorces her or dies.

For this purpose, a boy nearing puberty is treated like a full-grown man.