Chapter on Revocation (1)
Whoever divorces a wife with whom the marriage has been consummated, without taking compensation, and with fewer than the full three pronouncements, retains the right to take her back during her waiting period, even if she objects. He may do so by saying, “I have taken my wife back,” “I have restored her,” or any similar wording—saying, “I have married her” is not sufficient.
It is recommended to summon witnesses for the revocation. She then has the legal status of a wife (2) except that the husband is not obliged to allot her a night in the regular rotation; the revocation itself may be effected by intercourse but not by mere seclusion.
A conditional or suspended revocation is invalid.
If she becomes pure from her third menstruation but has not yet performed the ritual bath, he may still revoke her. Once she has bathed, however, she is not lawful to him except through a new contract, and if they remarry the earlier divorces still count toward the remaining number, even if she has married someone else in the meantime.
Her statement that her waiting period has ended is accepted when it rests on a possible pregnancy or on completed menstrual cycles, but not when it is based solely on the passage of months.
A woman divorced three times is not lawful for her former husband until she has married another husband, even if that second husband has not yet reached puberty, provided the arrangement is genuine and not a maneuver. The second husband must have vaginal intercourse with her while in a state of erection; the mere insertion of the glans—or an equivalent amount—suffices, even if no ejaculation occurs. Intercourse arising from mistaken identity, slave ownership, or an invalid marriage does not meet this condition.
If a man’s divorced wife has been away and later informs him that she has married another man, that the second marriage has made her lawful to him, and that her waiting period has elapsed—and her claim is feasible and he believes her—he may remarry her.