What is the ruling regarding a husband's frequent swearing by divorce with the words: "You are divorced, divorced, divorced," or "You are divorced," given that two divorces have already been established, the husband denies his swearing, and the wife is unable to file lawsuits?
The husband's utterance, "You are divorced," is an explicit divorce. If your husband divorced you with three pronouncements, then you are separated from him with a major irrevocable divorce (baynunah kubra), and it is not permissible for you to allow him access to yourself. You must separate from him, even if through khul' (divorce at the wife's instance). So, if you are certain that you heard him divorce you three times, then you cannot remain with him; you should escape from him and ransom yourself with your money. It is advised to present the matter to a court or to trustworthy scholars. "And whoever fears Allah – He will make for him a way out. And will provide for him from where he does not expect." "And whoever relies upon Allah – then He is sufficient for him."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/173145
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 173145
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy