What is the ruling regarding the return of a wife whom her husband divorced using the word "baṭṭāl" (بطال) without the letter "qaf," and he believed the divorce had occurred and took her back using allusive language (kinayah) and intention via electronic correspondence, and then scholars informed him of the validity of the return through allusive language and intention, but the wife denied the validity of the return?
When a husband utters a clear divorce pronouncement without attributing it to his wife, divorce does not occur unless accompanied by intention. However, regarding the phrase "You are divorc-", when attributed to the wife, there is a difference of opinion among scholars: The Malikis consider it a subtle metaphorical expression (kinayah khafiyyah) by which divorce occurs with intention, while the Shafi'is hold that it constitutes divorce by way of elision (hamlan 'ala al-tarkhim), and some among them do not consider it to constitute divorce except when used in an address. The questioner is advised to refer the matter to the Sharia court.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/135818