Are the three mentioned oaths considered a divorce, knowing that the intention was not divorce in the first two oaths, and is there a way out of this situation?
All the mentioned phrases are not oaths; rather, they are a kinayah (allusion) of dhihar, a kinayah of talaq (divorce), and an explicit talaq.
1. "You are like my mother and my sister": This is a kinayah of dhihar. If you intended dhihar by it, then its expiation is binding upon you (freeing a slave, and if unable, then fasting for two consecutive months, and if unable, then feeding sixty needy persons). It is not permissible for you to approach your wife before performing the expiation. However, if you did not intend dhihar, then nothing is binding upon you.
2. "Consider yourself divorced": This is a kinayah of talaq. If you did not intend divorce by it, then nothing occurs.
3. "You are divorced": This is an explicit divorce and constitutes one divorce, even if you did not intend divorce, because it is among the explicit wordings of divorce that do not require intention.
Consequently, nothing occurs with the first two phrases if you did not intend dhihar or divorce. However, with the third phrase, divorce definitely occurs. You may take back your wife as long as she is within her iddah (waiting period). If the iddah ends, she cannot return except with a new contract. This ruling applies if you were conscious of what you were saying. However, if these phrases were uttered by you in extreme anger where you did not distinguish what you were saying, then nothing occurs.
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- Original fatwa ID
- 57791
- Imported
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