What is the ruling on repeatedly saying "you are divorced" and "you are divorced in my sight" at separate times without the intention of divorce, knowing that on one occasion the wife was menstruating, and a valid seclusion occurred between the spouses without consummation?
If the Islamic marriage contract (aqd) has not been concluded, then the fiancée is considered a stranger (ajnabiyyah), and any relationship with her is sinful. A divorce in this case is null and void because there was no marriage in the first place.
However, if the Islamic marriage contract has been concluded, then the first divorce is effective, even if he did not intend it, because it was uttered with an explicit word. The second divorce is effective if it occurs after a رجعة (reconciliation) during the (waiting period) or before its end, provided there was a valid seclusion (khalwah shariyyah).
The divorce of an angry person is effective unless his anger was so severe that it rendered him unconscious.
If no reconciliation occurred until the iddah expired, then she cannot be taken back except with a new marriage contract.
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- Original fatwa ID
- 116536
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