Praise be to Allah.
If a man divorces his wife before consummating the marriage with her, then he cannot take her back, because a husband can only take his wife back during the ‘iddah, and the woman who is divorced before consummation does not have any ‘iddah, because Allaah says (interpretation of the meaning):
“O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah have you to count in respect of them”
[al-Ahzaab 33:49].
Ibn Qudaamah said in al-Mughni (7/397):
The scholars are unanimously agreed that the woman with whom the marriage has not been consummated is irrevocably divorced with a single talaaq, and the one who divorces her has no right to take her back, because taking the wife back can only be done during the ‘iddah, and there is no 'iddah before consummation, because Allaah says (interpretation of the meaning): “O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah have you to count in respect of them”[al-Ahzaab 33:49]. End quote.
Based on that, if your former husband wants to take you back,
he has no option but to make a new marriage contract with you, with a new
mahr (dowry).
We ask Allaah to help and guide you both.
And Allaah knows best.
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