Admitting Intercourse in Halala, Then Denying It
Question
Question: Our son Ma‘arif Husayn gave his wife a major (mughallaza) talaq, but then wanted to take her back (ruju‘). So, after asking a respected religious scholar, once the ‘idda was complete she was married to a sane adult young man, Ibrahim. After the marriage contract he spent the night with her in one room, took a ghusl in the morning, then gave her talaq and admitted before several ‘ulama that he had had intercourse with her, of which there are witnesses.
Answer
The admission of intercourse that Ibrahim made after spending the night is the one that counts; when he later denied it, that denial does not count. Your son’s nikah has validly taken place again, and he has the right to intercourse.
Source: Fatawa Mahmudiyya
Preview. The full text opens with JavaScript enabled.