Is the husband's saying "you are divorced" for the purpose of threat after the third verbal divorce considered a legitimate divorce, and is she thereby divorced?
If a reliable authority issues a fatwa that two divorces have occurred, there is no harm in acting upon it. The husband's statement, "Consider yourself divorced," is an ambiguous statement of divorce (kinayah) that does not take effect unless there is an intention (niyyah). If the husband did not intend divorce, then nothing results from it. However, if the husband told his daughter that he is irrevocably separated (ba'in) from you, this is a serious matter, because if he believes that three divorces have occurred, then cohabiting with you is unlawful (haram). It is advisable to present the issue to Dar al-Ifta (House of Fatwas) or reliable scholars so that they can inquire from the husband. If the husband denies that three divorces have occurred, but you are certain that three have indeed occurred, then it is not permissible for you to allow him access to yourself, and you must redeem yourself from him through khul' (divorce at the wife's instance) or other means.
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- 124835
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