Does a divorce utterance, spoken by the husband while angry, and with the imagination that he divorced his wife in his house in the presence of her mother, take effect, knowing that he was aware of what he was saying and did not intend divorce, thinking that divorce does not occur except in the presence of the wife? And is the wife's sexual intercourse after this utterance, without intention during the waiting period, considered a valid return, knowing that the husband is clinging to his wife and did not intend to divorce her? And what is the ruling on adopting a fatwa in this matter?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the intention of divorce was not present when you uttered the words in the absence of your wife, then some scholars have held that divorce does not occur thereby. And if divorce did occur and it was not a completion of the three divorces, then you may reconcile with your wife during her ' by word or by intercourse.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/143524
Where this answer came from
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- Ftawy
- Original fatwa ID
- 143524
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy