Did the third divorce occur if it was based on a misunderstanding that was later proven incorrect, and the husband uttered it to himself in a moment of anger, given the differing opinions of muftis and scholars regarding its occurrence?
If a husband divorces his wife due to a reason that is later proven to be nonexistent, the preponderant opinion is that the divorce does not take effect. So, if a man justifies his divorce with a cause, and then that cause is found to be absent, the divorce does not occur. Ibn al-Qayyim mentioned that this is the of Ahmad, and his shaykh held that it is not a condition to mention the justification verbally. Thus, if he divorces her for a stated or unstated reason, and then that reason is found to be absent, the divorce does not take effect. And whoever consults trustworthy scholars of , reliable in their knowledge and religiosity, then acting upon their fatwa suffices him, and he is not obliged to consult others.
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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