Abu al-Khattab said: If he compels her to have intercourse, the dower becomes mandatory upon him according to those who hold that she is prohibited. This is the explicit statement narrated from al-Shafi'i, because it is intercourse prohibited by the divorce, so the dower is mandatory for it, like the intercourse with a woman who has been irrevocably divorced. The distinction is clear, for the irrevocably divorced woman is not his wife, while this [woman] is his wife; analogy of the wife to a non-relative woman regarding intercourse and its rulings is far-fetched.
1291 - Issue: He said: "And for the slave, after one [divorce], is what is for the free man before the three."
The scholars have reached consensus that the slave has the right to take back his wife after a single divorce, provided its conditions are met. If he divorces her a second time, he has no right of return, regardless of whether his wife was a free woman or a slave; because the divorce of a slave is two [pronouncements], and there is a difference of opinion on this [issue] which we have mentioned previously.
1292 - Issue: He said: "And if she were pregnant with two, and gave birth to one of them, he may take her back as long as she has not delivered the second one."
This is the opinion of the generality of the scholars, except that it was narrated from 'Ikrimah that the waiting period (iddah) expires upon the delivery of the first. What the rest of the scholars hold is more correct, for the waiting period does not expire except with the delivery of the entire pregnancy; because of the saying of Allah the Exalted: "And for those who are pregnant, their period is until they lay down their burden," and the term "pregnancy" encompasses everything that is in the womb. Thus, the waiting period remains ongoing until the time of delivering the remainder of the pregnancy, and the right of return remains by its persistence. If the waiting period were to expire by the delivery of a portion of the pregnancy, it would be lawful for her to marry while she is pregnant by another husband, and there is no one who says this. I believe that Qatadah debated 'Ikrimah on this, so 'Ikrimah said: It expires
(11) In A and M: "akraha" (he compelled her). (1) In B: "siwaha" (other than it). (2) In the original: "wa hadha" (and this). In M: "wa law hadha" (and if this). (3) It preceded on pages 533, 534. (1) Surah Al-Talaq, 4. (2) In M: "al-tazawwuj" (marrying).
