Is the wife considered to have irrevocably divorced (baynunah kubra) after the husband feels distressed by her and utters phrases alluding to divorce, then sends a text message saying "You are divorced" to stir her emotions, then utters an explicit divorce once?
Your statement to your wife: "Tell your mother to come and take your belongings from the house" is an implicit divorce (kinayah), and divorce does not occur with it except with the intention. If you intended divorce, it occurs; otherwise, it does not.
If you sent your wife a text message saying "You are divorced," then if you intended divorce by it, it occurs, and vocalization is not a condition here. However, if you intended to grieve or harm her and did not intend divorce, then it does not occur.
Your third divorce, issued during extreme anger where you were unaware of anything, or felt compelled to divorce, and your wife acknowledged this anger, does not result in a divorce.
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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