Is a wife considered irrevocably divorced from her husband with a major divorce (baynunah kubra) based on his uttering the divorce three times: once recently and twice previously, without recalling the details of the past incidents?
Anger does not prevent the enforcement of a divorce unless it removes one's awareness. Explicit divorce takes effect without intention, or knowledge of the rulings, or uttering it in a language other than Arabic. As for a previous divorce that the husband denies, it is based on certainty, and the husband's statement is given precedence in court. However, if the husband believes his wife when she informs him that a divorce has occurred, then he must act upon her statement.
If no divorce other than the one mentioned has occurred from the husband, then the marital bond remains. The husband should be careful not to rush into uttering a divorce when angry.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 145799
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy