Is he who acts upon the fatwa that divorce does not occur in the absence of the wife without intention, in order to achieve a legitimate interest, which is to avoid counting it as a divorce, sinful, knowing that he is not one who habitually seeks out dispensations?
Some scholars have stated that a man's saying "You are divorced" to his absent wife is a kinayah (an ambiguous or indirect statement) and does not effect a divorce unless intended. Whoever acts upon one of the opinions of the scholars in matters where there is disagreement is not blameworthy. Some scholars have permitted a follower to change from following one mufti's opinion to another's, even after acting upon the first opinion.
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- Ftawy
- Original fatwa ID
- 153049
- Imported
- Translation status
- Source text, unreviewed
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