Does divorce take effect with the husband's words "You are divorced by three" said in jest, or with the wife's words "I will leave you" said without intention? And is it better to remain with the more pious husband when in doubt, or to separate?
If the word spoken by the husband is doubtful and not an explicit divorce pronouncement, then nothing takes effect. The word "ṭāliʿ" (طلع) is not considered a euphemism for divorce, and the word "ṭābiq" (طابق) has been previously explained.
As for the husband's statement, "If you doubt that you are my wife, then leave me if you wish," if he intended to delegate the divorce (to her), then for it to take effect, the wife must divorce herself immediately.
Certainty is not dispelled by doubt, and marriage is established by certainty. The questioner is advised to abandon doubts and obsessive thoughts (waswās), and the cure for obsessive thoughts is to disregard them.
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- Original fatwa ID
- 79690
- Imported
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