Does divorce occur with the statement "You are divorced, divorced, divorced from me Islamically" via email, and with the statement "If you leave the house, then you are divorced," after two previous official divorces and a fatwa stating that other verbal divorces did not occur?
What the husband wrote — if he acknowledges it — constitutes a divorce. If he intended by the repetition to effect a triple divorce, then it is enacted, she becomes unlawful to him, and an irreversible major divorce (baynunah kubra) occurs. If he intended emphasis, then it is only one divorce. If the two previous divorces are counted, then this would be the third, and an irreversible divorce (baynunah) would occur by it. The opinion of a does not change what is lawful or unlawful, and the matter must be referred to courts for a ruling. "You are divorced" is an explicit, immediate divorce. "If you leave the house, then you are divorced" is an oath of divorce by which divorce occurs upon breach, according to the majority of scholars. If an irreversible divorce (baynunah) has already occurred due to a previous divorce, then the oath has no effect. Otherwise, divorce occurs upon her leaving the house according to the majority of scholars, while some scholars view it as only requiring an expiation for breaking an oath. The issue is complex and requires a ruling from a Sharia court.
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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