The conditions of taking the wife back during her waiting period.
a. The conditions related to the husband
i. Islam: The majority of scholars hold the view that the husband must be Muslim at the time of his action to take the wife back. Hence, if he was an apostate at the time of taking her back, the action is deemed invalid. This is the view of the Maliki, Shafi’i and Hanbali Madhabs.
ii. Puberty: The scholars differed on whether the husband should have reached puberty at the time of taking the wife back. The Maliki and Shafi’i Madhabs hold the view that it is required so that the action is valid. Hence, if the husband were a minor who had not reached puberty at the time of deciding to take his wife back, it would be invalid. The Hanbali Madhab, however, does not require this condition and so it validates taking the wife back by the husband even if he was a discerning minor at that point in time.
iii. Sanity: The majority of scholars hold the view that in order for the action of taking the wife back be valid, the husband must be sane at that time. This is the view of the Maliki, Shafi’i and Hanbali Madhab and one of the views of the Hanafi scholars.
iv. Choice: Taking the wife back needs to be willingly by choice, so it be valid, and if the husband were forced to take his wife back, it would be invalid. This is explicitly stated by the Shafi’i Madhab and Ibn Hazm.
b. The conditions related to the wife
i. The wife must fulfil the following conditions so that taking her back is valid
1. Islam: The majority of scholars hold the view that the wife needs to be Muslim at the time of taking her back; otherwise, it will be invalid. This is the view of the Maliki, Shafi’i and Hanbali Madhabs.
2. Divorce needs to be revocable: The scholars are in agreement that in order for taking the wife back be valid during her waiting period, the issued divorce has to be either the first divorce or the second divorce maximum. The consensus is transmitted by Ibn al-Munthir, Ibn Hazm, al-Ghazaalee, al-Qurtubee, Ibn Taymiyyah, and Ibn Hajar.
3. Consummation of the marriage: The scholars are in consensus that the right of the husband to take the wife back during her revocable divorce waiting period is applicable only if he has already consummated the marriage with her before issuing the divorce. Otherwise, he cannot take her back. The consensus is transmitted by Ibn Nasr al-Marwazee and Ibn Hazm.
4. Taking her back during the waiting period. The scholars are in agreement that taking back the divorced wife is only valid during her waiting period. The consensus is transmitted by Ibn Nasr al-Marwazee, Ibn al-Munthir, and Ibn ‘Abd al-Barr.
5. Taking no compensation for the divorce: The scholars are in agreement that the divorce must not be in lieu of compensation so that taking back the divorced wife is valid. The consensus is transmitted by al-Ghazaalee and Ibn Qudaamah.
6. The divorced wife to be taken back has to be specified. In the event where the husband has more than one wife, and he divorced one of them without clarifying the identity of the one whom he divorced, or in the case when the man divorces all of them and then decides to take back one of them, he has to specify her as stated by the Shafi’i Madhab.
ii. That which is not required in order for taking the divorced wife back to be valid
1. Notifying the divorced wife of taking her back:  The four Madhabs agree [163] The Hanafi Madhab states that it is recommended to inform her. that it is not required for the husband to inform his divorced wife that he has taken her back. Hence, if he takes her back during the waiting period, it will be valid.
2. The consent of the divorced wife: The scholars are in agreement that the consent of the divorced wife to be taken back is not required. Hence, the husband can take her back even if she does not want it. The consensus is transmitted by Ibn al-Munthir, Ibn Hazm, Ibn Rushd, Ibn Qudaamah, al-Qurtubee, Ibn Hajar, and al-’Aaynee.
3. The guardian of the woman: The scholars are in agreement that taking back the wife without the approval of her guardian is valid. The consensus is transmitted by Ibn Hazm, Ibn Qudaamah, al-Bahootee, and al-San’aanee.
2. The actions that would deem the wife is taken back
a. Taking her back verbally: The scholars are in agreement [164] The Maliki scholars require the intention of taking her back if the words used can be interpreted to mean taking her back while others required the intention even if the words are explicit. that it is valid to take the wife by expressing it verbally, such as saying to her, I have taken you back, or you are my wife again and so on. The consensus is transmitted by Ibn Hazm, al-Baajee, Ibn Qudaamah and al-San’aanee.
b. Taking her back by an action:
i. Intercourse: The scholars differed on whether the intention is required for the validity of taking back the divorced wife by having intercourse with her. One group holds the view that having intercourse with the divorced wife during her waiting period cannot be accepted to establish that the husband has taken her back if his intention was not to have her back. This is the view of the Maliki Madhab, one of the reported views of Imam Ahmad, and the view of Is-haaq, Ibn Taymiyyah, Ibn Baaz and Ibn ‘Uthaymeen. The other group are of the view that the intention is not required and having intercourse with her is enough to establish that he has taken her back. This is the view of the Hanafi and Hanbali Madhabs and the view of some of the righteous predecessors.
ii. Intimacy: The scholars differed on whether the intimate actions leading to intercourse can establish that the husband has taken back his divorced wife or not. One group holds the view that actions, which often lead to intercourse, like kissing, touching and so on, establish that the wife is taken back. This is the view of the Hanafi [165] The Hanafi scholars require these actions are made out of sexual desire. and Maliki [166] The Maliki scholars require that the man intends with these actions taking back his divorced wife. Madhabs, some of the Hanbali scholars, and a group of righteous predecessors. The other group is of the view that it does not establish the ruling, which is the view of the Shafi’i and Hanbali Madhabs and Ibn Hazm [167] Ibn Hazm does not even accept intercourse as a way of taking back the divorced wife. Accordingly, he obviously will not accept intimate actions that leads to intercourse. .
3. Having witnesses on taking back the wife: The four Madhabs agree that it is recommended for the husband to have witnesses on his taking back the wife.