Musannaf Ibn Abi Shaybah 17514
✧ The man who divorces his wife with an irrevocable divorce before consummating the marriage, then has intercourse with her while thinking he has the right to take her back
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حَدَّثَنَا مُحَمَّدُ بْنُ أَبِي عَدِيٍّ، عَنْ يُونُسَ، عَنِ الْحَسَنِ
فِي الرَّجُلِ يُطَلِّقُ امْرَأَتَهُ تَطْلِيقَةً أَوْ تَطْلِيقَتَيْنِ قَبْلَ أَنْ يَدْخُلَ بِهَا، ثُمَّ غَشِيَهَا وَهُوَ يَرَى أَنَّ لَهُ عَلَيْهَا رَجْعَةً قَالَ: لَهَا الصَّدَاقُ، وَيُفَرَّقُ بَيْنَهُمَا.
Translation
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Concerning a man who divorces his wife with one or two divorces before he has consummated with her, then he had intercourse with her while he thought he had a right of return over her. He said: she is owed the dowry, and they are separated.
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