Does a wife's divorce take effect if it was due to a misunderstanding of a message from her, and what is the ruling on the husband's statement to her brother: "Your sister is divorced"?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If a husband says to his wife, "You are divorce" (أنت طلاق), divorce occurs according to the majority of scholars, whether the husband intended it or not. This is the view of Abu Hanifa, Malik, and Ahmad. It appears that you intended divorce with this statement of yours, so this counts as one divorce. If this was the first or second divorce, you may take your wife back without a new contract, as long as she is within her waiting period (). However, if you said, "You are divorced" (أنت طالق), divorce occurs without any dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/89969
Where this answer came from
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- Ftawy
- Original fatwa ID
- 89969
- 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