Chapter on Revocation (rujʿah), its Legal Status, and the Ruling of a Woman Divorced in Accordance with the Sunnah

If a man divorces his wife with the form of divorce that Allah has permitted, he may take her back so long as she is still within her waiting period, even if she objects, and he may do so without a new dower and without seeking her guardian’s consent. During that period he remains responsible for her maintenance and clothing until her waiting time is completed by three menstrual cycles or, in the case of one who does not menstruate, three months.

Revocation is allowed only for a husband who has already consummated the marriage with his wife and whose divorce is not final—that is, anyone who has pronounced one or two divorces. Once the waiting period ends, the right of revocation lapses.

Calling witnesses to the revocation is obligatory in the sense of a confirmed sunnah: he should summon two upright witnesses, as Allah, Exalted is He, says, “And call to witness two just men from among you” (Q 65:2). Revocation is effected simply by speech; if he says, “I have taken you back,” even without witnesses, the revocation stands, though he should call them thereafter.

If he has intercourse with the wife he has divorced, intending by that act to revoke the divorce, the revocation is valid, and he should summon witnesses afterwards. If he has intercourse without intending revocation, then—according to Mālik—it is not a revocation. Some have said that intercourse counts as revocation in every case, whether he intended it or not, and this view is reported from a group of Mālik’s companions and was adopted by al-Layth. Mālik, however, used to say: when he has intercourse without the intention of revocation, it is merely intercourse, not rujʿah.