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Rules of return2669. In the case of a revocable divorce a man can take back his wife in two ways: I. By telling her words, which would mean that he wants her again as his wife. II. By acting in a manner which would convey
his intention to take her back. 2670. It is not necessary for taking her back that the husband should call any person to witness, or should inform his wife. On the other hand, if he takes her back without any one else realizing this, the Ruju is in order. However, if the husband claims after the completion of Iddah that he took his wife back during Iddah, he must prove it. 2671. If a person who has given irrevocable divorce to his wife takes some payment from her, making a compromise with her that he will not make Ruju to her, this compromise is void and the property which is given does not become his property, but if the compromise is that the man can return, but he will not actually do that, then it is correct and if he returns it is a matter of Ishkal. 2672. If a man divorces a woman twice and takes her back, or divorces her twice and takes her back by Nikah, or takes her back after one divorce and returns her by Nikah after the second divorce, she becomes Haraam for him after the third divorce. But if she marries another man after the third divorce, she becomes Halal for the first husband on fulfillment of 4 conditions, that is, only then he can remarry her: I. The marriage with the second person should have been of permanent nature. If he contracts with her a temporary marriage for one month or a year, and then separates from her, the first husband cannot marry her. II. The second husband should be Baligh and have had sexual intercourse with her, and the obligatory precaution is that the sexual intercourse should have taken place in the normal way. III. The second husband divorces her, or dies. IV. The waiting period (Iddah) of divorce or Iddah of death of the second husband should have come to an end. |