بسم الله الرحمن الرحيم
Q: Is it permissible for a man to have relations with his divorced wife (during the iddah period)? And if he does that without the intention of taking her back does she remain divorced or is she considered to be taken back due to sexual relations with her?
A: If he doesn’t intend to take her back then what is obvious is that she has not been taken back, because of the statement of the Prophet sallahu alayhi wa salaam:
“Verily actions are by intention.. .”
Thus it necessitates an intention. So if there’s no intention then her being taken back has not occured. Of course sexual relations is during the iddah period.
Taken from Ar Rihlatul Akhirah, question 23
Translated by Najeeb Al Anjelesi