Do the words: "al-baynonah" (final and irrevocable separation) and "al-battah" (definitively or irrevocably) effect divorce according to all jurisprudential schools, or only some of them? And what should one do who utters them out of ignorance or forgetfulness? And what is the meaning of the word "al-battah" and its legal derivations?
If a man says to his wife, "You are irrevocably divorced" (أنت بائن) or "You are definitively divorced" (طالق البتة), the Hanbalis hold that three divorces occur. As for the Shafi'is and Hanafis, what the man intended is binding, and if he did not intend divorce, then nothing is binding upon him. The Malikis are of the view that three divorces are binding for a wife with whom consummation has occurred, and his intention is accepted for a wife with whom consummation has not occurred; if he intended one divorce, he is believed under oath. Linguistically, "al-battah" (البتة) means قطع (cutting off), as if the husband has cut off the entire marriage. If a person utters "bainunah" (bain – irrevocable divorce) or "battah" (definitive divorce) without knowing their meaning, nothing is binding upon him. For someone who does not remember whether he uttered words that necessitate divorce or not, the default principle is that he did not utter them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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