What is the status of the first wife after I informed her of her divorce without intending divorce, and is it considered one divorce or more, and does she become irrevocably divorced after more than six months, and does this situation require a new marriage contract?
Scholars have differed concerning one who falsely admits to divorce. Some held that it takes effect both judicially and religiously, while others held that it takes effect judicially but not religiously. The latter is the more preponderant view, meaning his wife remains his in inner reality. This is the position of the Shafi'i and Hanafi schools of thought because an admission does not take the place of an utterance creating a new legal status (insha'). An admission is a report that can be true or false. One is held accountable for it outwardly, but regarding what is between him and Allah, something falsely reported does not become true by virtue of theport. Therefore, his divorce does not take effect inwardly.
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