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The question

Is the woman considered irrevocably divorced (talaq al-thalaath) after her husband repeated the phrase "You are forbidden to me until the Day of Judgment" and told her that she is no longer his wife, knowing that he had explicitly divorced her once before?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed concerning taking an oath by declaring something unlawful (al-haram). Some view it as zihar, some as talaq (divorce), and some as an oath (yameen). The relied-upon fatwa differentiates between these cases based on the husband's intention. If the husband, by saying "You are unlawful to me," intended divorce, then it is a single divorce (talaqa). If he intended zihar, then zihar has occurred. If he intended an oath, or did not intend anything specific, then it is not counted as a divorce. As for his statement "You are not under my marital authority," this is an ambiguous statement (kinayah) of divorce. If he intended divorce by it, then it occurs; otherwise, it does not. Therefore, the number of divorces depends on the husband's intention behind what he uttered. The matter should be presented to a Sharia court or to trustworthy scholars.

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Ftawy
Original fatwa ID
121356
Imported
Translation status
Source text, unreviewed
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