Is a divorce effected by the husband's statement to his wife: "Consider yourself divorced, and what was between us is over," and what are the implications of that, knowing that this is not the first divorce?
The husband's statement, "Consider yourself divorced," is a كناية (allusion or indirect pronouncement) of divorce, and divorce does not occur with it without intention. Anger does not prevent the occurrence of divorce unless it is so severe that it removes one's sanity. The ruling on the occurrence of divorce depends on the husband's intention and the degree of his anger. The first and second divorces are revocable, and the husband has the right to take his wife back during them before the ' (waiting period) expires. A revocably divorced woman is treated like a wife during the 'iddah; therefore, her husband is permitted to be alone with her and for her to adorn herself for him. It is advisable to present the matter to scholars and to clarify to the husband the seriousness of trivializing divorce, and that he is not permitted to inflict severe beating. It is also advisable to strive to reform the husband and help him obey Allah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 123413
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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