What is the ruling regarding a man divorcing his wife via a text message in which he said: "You are divorced, divorced, divorced," after she became pregnant by him and then miscarried, and she is currently in her family's home? He then regretted it and wanted to take her back, but she refused. Does her refusal constitute Khulʿ, obligating her to return the Mahr that he is demanding before the court?
A husband writing a divorce letter to his wife is considered an implicit divorce (kinayah), meaning divorce does not occur without intention. The husband's statement regarding his intention is accepted. If the husband intended divorce and repeated the word "divorce" three times, intending to effectuate three divorces, then three divorces have occurred. She is not lawful for him until she marries another husband and he consummates the marriage with her, then he divorces her, and her waiting period ends. However, if he did not intend three divorces, then only one divorce occurs, unless he uses a phrase that separates the divorces. If the divorce is less than three, the husband has the right to take his wife back before the end of her waiting period without needing her consent. If the wife refuses, she is considered disobedient (nashiz). We recommend presenting the matter to the Sharia court for a ruling.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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