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The question

Has his wife become forbidden to him, requiring expiation, after he divorced her due to her behavior, then said she was forbidden to him until the Day of Judgment, and then he wished to take her back for the sake of their child?

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

A man's statement to his wife, "You are divorced," is considered an explicit and singular divorce. However, his repetition, "I do not want her," is an allusion (kinayah); if he intended it as a new divorce, it takes effect. If he intended it as an affirmation of the first divorce, then it remains a single divorce. If he intended divorce with "I do not want her," then the rulings of a triple divorce apply if he had divorced her twice before; otherwise, it is a single divorce. If he did not intend divorce with it, then nothing takes effect. As for his statement, "Upon me be divorce, I do not want her," its ruling differs according to his truthfulness or lack thereof. If he was untruthful in his oath, meaning he did want her, then it is a divorce for breaking the oath. If he was truthful, then nothing is binding upon him. It is advisable to refer to the Sharia courts.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
54824
Imported
Translation status
Source text, unreviewed
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