Is the second divorce counted for a woman who sought divorce from her absent husband and told him, "Yes, I am divorced," while she was ignorant of the divorce's occurrence and in a moment of sadness and crying?
The apparent ruling is that divorce occurs with the husband's statement: "Divorce yourself if you wish," and the wife's statement: "I am divorced," as this constitutes empowering her to divorce and her choosing to do so. The wife's ignorance of the implications of the word "divorce" does not prevent its occurrence. If this was the second divorce and the husband took his wife back before the 'iddah (waiting period) expired, she has returned to his marital bond, whether she knew or not. However, if he did not take her back until her 'iddah expired, then she has become irrevocably divorced from him, and he cannot take her back except with a new contract. It is advisable to present the matter to trustworthy scholars in the country.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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