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The question

Can a husband appeal a final major divorce ruling issued for his wife, based on his intention to discipline her when he informed her that she was "in her waiting period from today," even though the court considered it a third divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

What was issued by the questioner is a metaphor for divorce (kinayah). Divorce occurs with it if there is intent, even if the intention was to discipline. Scholars have differed regarding explicit metaphors (kinayah zahirah) and what results from them. It appears that the judge who ruled that what was issued was a divorce (talaqah) was of the opinion that an explicit metaphor does not require intent, and that the circumstantial evidence indicates that it was a divorce. The judge's ruling is binding and resolves the dispute.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
68356
Imported
Translation status
Source text, unreviewed
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