And he who intended harm did not intend reconciliation. Our evidence is that this is a divorce in a marriage in which she has been consummated, so it necessitates a full waiting period, just as if no divorce had preceded it. This is because the first divorce unsettled the marriage, and the revocation repaired its unsettled state and halted the effect of the divorce. Thus, the second divorce occurs in an unsettled marriage where she has been consummated, so it necessitates a waiting period like the first. It is also as if she had apostatized, then embraced Islam, then he divorced her; for she would start a waiting period anew, and it is the same here. It differs from a divorce before revocation, for that occurs after a divorce leading to a separation (baynunah). If he revokes her and then has intercourse with her, then divorces her, she shall start the waiting period anew without disagreement among the scholars, because by the intercourse after revocation, he becomes like one who marries ab initio upon having intercourse.

Section: If he performs khul' (divorce for consideration) upon his wife, or the marriage is annulled, then he marries her within her waiting period, then divorces her, if he has had intercourse with her, the waiting period is mandatory upon her without disagreement, because it is a divorce in a marriage in which she has been consummated, with no other divorce preceding it. If he has not had intercourse with her, she continues from the first waiting period, according to the correct [view] in the Madhhab. There is a narration that she starts the waiting period anew, which is the view of Abu Hanifah, because the marriage is stronger than the revocation, and if he had divorced her after the revocation, she would have started the waiting period anew, so it is more appropriate here. Our evidence is that it is a divorce from a marriage in which he did not have intercourse with her, so no waiting period is necessitated by it, as if he married her after the expiration of her waiting period. It differs from the revocation, because the latter returned the woman to the first marriage, so the second divorce occurred in a marriage connected to consummation. This [current] marriage is a new one after the separation from the first, and no intercourse was found in it, so it resembles marrying after the expiration of the waiting period. As for her building upon the first waiting period, it is because the marriage, in its legal ruling, was only severed, and since it has ceased, it returns to her. If his wife embraces Islam then he embraces Islam within her waiting period, or he embraces Islam then she embraces Islam within her waiting period, and he divorces her before or after having intercourse with her, or she apostatizes then embraces Islam then he divorces her, a new waiting period is mandatory upon her without disagreement, because it is a divorce in a marriage in which he had intercourse, resembling the divorce in the first marriage.

Section: Whenever he has intercourse with a raj'iyyah (revocable divorcee), and we maintain that the act of intercourse does not constitute the revocation, she must