Must the wife return to her husband after Dar Al-Ifta's fatwa that divorce occurred with an expiation for an oath, or is that impermissible based on the saying of some scholars that explicit divorce takes effect?
The husband's statement to his wife, "You are divorced," is an explicit and effective divorce, not an oath that can be expiated. If the divorce is explicit and without condition or restriction, it takes effect. If the husband wishes to return to his wife after this divorce, he must reconcile with her, not offer expiation. The wife must remain in the marital home as long as the divorce is revocable. If her husband has intercourse with her during the (waiting period), the preponderant opinion is that this constitutes a reconciliation. However, if the wife is certain that her husband has divorced her and has not reconciled with her until her iddah has expired, or if he has issued the third divorce, then it is not permissible for her to remain with him. The husband's statement in this case is binding, unless she is certain she heard him utter the divorce three times, in which case she must leave him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 162891
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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