Is the husband's statement, "Until you come to your senses, you are considered divorced," a divorce? What is the ruling on dealing with him in this situation? Is he permitted to enter the house and sleep next to his wife without intimacy?
The husband's statement to his wife: "Until you come to your senses, you are like a divorcee," depends on his intention:
1. If he intended that she is in the position of a divorcee without actually effecting a divorce, then no divorce occurs. 2. If he intended that she would be divorced if she did not do what he wanted, and the wife refused, then a single divorce (talaq) occurs, and the timing reverts to his intention. 3. If he intended a threat and urging without the intention of divorce, then this is an oath that requires an expiation for an oath (kaffarat yamin) if the wife does not comply. 4. If he intended to effect an actual divorce, then a divorce occurs.
The husband must fear Allah and beware of using divorce for coercion. If a divorce has occurred and it is the first or second, he is permitted to take her back and enter the home without intercourse, except with the intention of reconciliation (raj'ah). If no divorce has occurred, then there is no harm in intercourse or other matters.
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- Ftawy
- Original fatwa ID
- 9507
- Imported
- Translation status
- Source text, unreviewed
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