The Ruling on Ar-Raj'ah and its Conditions

Question :

A man divorced his wife according to the Sunnah, then sent the divorce paper, but he wishes to take her back. Is it obligatory for the woman to come back, without her acceptance, or is it dependant upon her acceptance? And are there conditions attached to taking her back? Please issue for me a verdict.

Answer:

If the matter is as stated regarding the above-mentioned person's divorce of his wife, in accordance with the Sunnah, then he may take her back, as long as she is still in her waiting period, with the testimony of two just witnesses. This is the case whether she accepts it or not, as long as this divorce was not the last of three divorces, or at the time of (his terminal) illness.

If she has completed her waiting period, or it was at the time of (his terminal) illness and it was not the last of three divorces, then he may return to her with a new marriage contract and a new dowry, if she accepts it. In both cases, what has occurred is considered to be one divorce.

If the divorce is the third one, she is not permissible for him, until after she has married another man through a legal marriage and he has had sexual intercourse with her, then if the second husband divorces her or he dies, she becomes permissible for the man who divorced her (first) after her waiting period has ended, with a new marriage contract and a new dowry, if she accepts. And the waiting period of a pregnant woman is (until) her delivery whether she was divorced or widowed, while the waiting period of a widowed woman who is not pregnant is four months and ten days. But if she is divorced, then her waiting period is three menstrual periods if she is still menstruating, and three months if she is post-menopausal, or too young to menstruate. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Pages 66-67