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The question

Does a divorce take place if the husband says to his wife: "You are divorced, divorced, divorced," after she asked him for intimacy, and the wife refused due to his deteriorating health (hallucinations, urinary incontinence, inability to stand) and her illness (osteoporosis)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the father uttered the divorce (talaq) while being aware of what he was saying, one divorce occurs, unless he intended to issue three, in which case three divorces occur according to the majority of scholars. If he did not intend anything, then it is one. If his divorce occurred, and it was not the third divorce, he has the right to take his wife back during her 'iddah (waiting period). However, if he uttered the phrase while being overcome by his mental state, his divorce does not occur. We advise presenting the issue to trustworthy scholars to ascertain the father's condition when he uttered the divorce. It is obligatory for the wife to obey her husband concerning conjugal relations unless it causes her harm. Parents have great rights, especially in old age and illness, therefore it is recommended to be patient and kind towards them, endure their harm, and treat them with respect, gentleness, and reverence.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
181338
Imported
Translation status
Source text, unreviewed
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