Does divorce occur if the husband says to his wife, "Go to sleep and you are divorced," with the intention of divorce, given that this is the third divorce?
If the wording of the divorce was not linked to the command to sleep, the divorce has occurred. However, if the intention was to make the divorce contingent on sleeping (e.g., "If you sleep, you are divorced"), then if she sleeps in the intended manner, the divorce occurs; otherwise, it does not. If there was a reason for the contingency and that reason no longer exists, the divorce does not occur even if the condition is met. If this is the third divorce, the woman has become irrevocably divorced (bainūnah kubrā) and is not permissible for her husband unless she marries another man and he then divorces her. Spouses must not be lenient in using divorce as a means to solve problems.
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- Original fatwa ID
- 167337
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