What is the ruling on the divorce of a sick man who said to his wife, "You are divorced, divorced, divorced," remembering a previous divorce but forgetting another? Is the forgotten divorce counted, and is it permissible for the wife to remain in the marital home after this divorce?
If two just witnesses testify to the occurrence of divorce, the judge rules accordingly, even if the husband denies it. However, if there are no two witnesses, the husband's word is taken, because the fundamental principle is the continuation of the marriage.
As for religious observance, if the wife is certain that she has been divorced thrice, it is not permissible for her to remain with him, and she must separate from him, even through Khul'. She is not allowed to remain in his house in a way that involves seclusion. However, she may remain in a separate part with its own facilities. His medical condition facilitates her staying in his house, so she may observe her 'iddah in a safe place within her home.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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