Would it be considered another divorce if I spoke to my sister after my husband said, "If you speak to her, I divorce you," and would his statement, "If you leave the house, there is no return for you," be considered a revocable divorce, knowing that he sent a divorce message after I left?
As long as it was the first divorce, it is a revocable one, and the husband has the right to take back his wife during her waiting period (). The taking back occurs simply by him saying: "I have taken you back."
Most scholars are of the view that if someone swears by divorce or makes it conditional on an event and then violates that condition, his wife is divorced. This is the (religious edict) that we adhere to.
Therefore, if your sister spoke to you before the end of your waiting period (iddah), your divorce has occurred, because a revocably divorced woman can still be divorced again during her iddah.
As for his statement: "If you go out, there is no return for you to the house," this is an implicit statement (kinayah) and not an explicit one (sarih) regarding the conditional divorce. So, if he intended something other than divorce by it, then no divorce occurs, and his intention is to be believed.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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