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The question

What is the Sharia ruling regarding a husband who said to his wife, "You are divorced if you go to the wedding," and repeated it to her family, and then she said to her mother, "Your daughter is divorced... divorced... divorced... and by God, she will not enter my house," even though he had not yet consummated the marriage with her, and then he regretted it and apologized, knowing that he did not intend an actual divorce by this threat?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: The husband's statement to his wife, "You are divorced if you go to the wedding," is a conditional divorce. If he intended only to threaten and prevent her, then the divorce does not occur, but the husband must pay an expiation for breaking an oath if the wife goes to the wedding.

Secondly: If the husband said over the phone, "Your daughter is divorced, divorced, divorced," and he was in a state of extreme anger where he did not realize what he was saying, then the divorce does not occur. However, if he was aware and conscious of his words, then the divorce occurs. His statement to her father, "Everything between us is over," is considered a divorce if he intended thereby to effect a divorce.

Thirdly: If a divorce occurs after seclusion (khalwa) but before consummation (dukhool), the majority of scholars hold that it is an irrevocable divorce (baynunah sughra), meaning the second and third pronouncements do not take effect. As for the Hanbalis, they consider it a revocable divorce (raj'i), and the husband has the right to take his wife back as long as she is within her waiting period ('iddah). It is advisable to fear Allah when exercising the right to divorce.

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Original fatwa ID
9298
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