What is the ruling regarding a man divorcing his wife with three consecutive pronouncements in a state of anger using the phrases: "My three divorces have occurred, you are not human," followed by: "The three divorces have occurred, you are not my wife"? Are the latter two phrases considered metaphorical expressions (kinayat) of divorce? And is it permissible for the husband to take his wife back after his statement: "I will not take you back to my house"?
If a man says to his wife: "My three divorces have occurred," intending to initiate a divorce, then three divorces have occurred, and she becomes irrevocably separated from him (baynunah kubra). She does not become lawful for him again unless she marries another man willingly, and then he divorces her or dies. However, if he is falsely reporting a previous divorce, which is a remote possibility, then his divorce does not occur with this wording. In this case, the ruling on subsequent allusions (kinayat) depends on his intention. Ibn Taymiyyah is of the view that consecutive divorces before a رجعة (reconciliation) or a new marriage contract count as a single divorce.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/138956
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 138956
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy