Was the sister considered divorced during the past years, and did the divorce take effect with the husband's final statement: "Consider her divorced"?
Scholars have differed concerning raj'ah (the right of a husband to take back his divorced wife) through an act, with some holding that it occurs merely by an act. As for the husband's statement, "Consider her divorced from this night onwards," it is an allusive (kinayah) divorce statement, and divorce does not occur thereby except with intention. If he intended divorce immediately with it, a major, irrevocable (baynunah kubra) divorce occurs. Regarding the previous divorce, one should refer to trustworthy scholars for its validity, provided the husband has recounted the matter accurately. The husband should not expose his marital life to weakening by using divorce pronouncements.
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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