Does a divorce take place if the husband says to his wife: "Haraam" – meaning you are divorced – if you send a message, and then she sends it while he believes that he did not intend its content, and then he cohabits with her, claiming that no divorce has occurred?
If the word "" means divorce, then what the husband said is a conditional divorce. The majority of scholars hold that divorce occurs upon the fulfillment of the condition, except in cases of extreme anger that lead to loss of consciousness. Some scholars are of the view that conditional divorce depends on the husband's intention; if he intended divorce, it occurs, otherwise, he must offer expiation for breaking an oath. According to the view that divorce occurs, a single revocable divorce takes place, and conjugal relations with the wife are considered a reconciliation. The husband must not utter such words, and the wife must not provoke him to do so for trivial reasons.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 34029
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- . 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.
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