Musannaf Ibn Abi Shaybah

Hazrat Hakam (may Allah have mercy on him) narrates that Abu Kanaf (may Allah be pleased with him) divorced his wife without informing her and then took her back without informing her. Hazrat Umar (may Allah be pleased with him) said to him: If you find her before she marries someone else, then you are the one who has the right to her.

Hazrat Ali (may Allah be pleased with him) says that if someone divorces his wife and then, upon reconciliation, takes someone as a witness, he has more right to his wife whether he announces it or not.

Hazrat Umair bin Yazid (may Allah have mercy on him) narrates that I was sitting with Hazrat Shurayh (may Allah have mercy on him) when a man came with a dispute regarding his wife. The woman was saying that he had divorced her, but did not inform her of taking her back, until her waiting period passed and she got married. Her husband had also consummated the marriage with her. Hazrat Shurayh (may Allah have mercy on him) said to the man, "Just as you informed her of the divorce, why did you not inform her of taking her back?!" Then he did not return the woman to him.

Hazrat Jabir bin Zaid (may Allah be pleased with him) says that when a man divorced his wife and did not inform her of reconciliation until her waiting period ('iddah) had passed and she got married (to another man), and the second husband consummated the marriage with her, then the first (husband) will get nothing.

Hazrat Ata (may Allah have mercy on him) says that a man divorced his wife and then took her back, but kept the reconciliation secret until the woman's waiting period ('iddah) had passed. So, if he took her back before the woman married someone else, she would remain his wife, but if the woman got married, his reconciliation would be void.

Ibrahim (may Allah have mercy on him) narrates that Abu Kanf (may Allah have mercy on him) divorced his wife and then went on a journey and reconciled with his wife. He also wrote a letter to her and appointed witnesses to this reconciliation. The woman did not receive his letter and, after the completion of her waiting period, she got married. Abu Kanf (may Allah have mercy on him) presented himself before Hazrat Umar (may Allah be pleased with him) and related the whole incident. Hazrat Umar (may Allah be pleased with him) said: "You have more right to this woman until he consummates with her."

Hazrat Ali (may Allah be pleased with him) used to say that in this case the first husband has more right, whether the second consummates the marriage or not.

This was also the opinion of Ibrahim (may Allah have mercy on him).

Hazrat Hakam bin Utaybah (may Allah have mercy on him) narrates that Abu Kanaf (may Allah be pleased with him) divorced his wife and then took her back, but did not inform her of the reconciliation. Then his wife got married (to someone else). Abu Kanaf (may Allah be pleased with him) asked Hazrat Umar (may Allah be pleased with him) about this matter. Hazrat Umar (may Allah be pleased with him) said to him: "Go to your wife, and if her (new) husband has not yet been intimate with her, then she is your wife." He went and saw that her husband had not yet been intimate with her. Therefore, Abu Kanaf (may Allah be pleased with him) took his wife back.

Hazrat Saeed bin Musayyib (may Allah have mercy on him) says that if a man divorces his wife and then sends her a message of reconciliation, but before receiving the message she gets married, then that woman will become irrevocably separated (bainah). And if she receives the message of reconciliation before getting married, then she will remain his wife.

Hazrat Jabir bin Zaid (may Allah be pleased with him) says that there is no legal status in Shariah for returning (repenting) only in the heart.