What is the ruling on the word "Talaqana" if said to the wife without the intention of divorce, knowing that the wife deliberately provoked the husband to say it?
It appears that the phrase "Ṭallaqanah" (طلقانة - "You are divorced") is among the explicit words of divorce that do not require an intention, and thus, divorce takes effect with it. The husband can take back his wife as long as her waiting period (ʿiddah) has not ended, provided he has not divorced her before, or has only divorced her once. However, if he had divorced her twice before this instance, she becomes unlawful for him and is not permissible for him again unless she marries another man, and he consummates the marriage with her, and then divorces her. Her waiting period ends with her purification from the third menstrual cycle after the divorce, or after three months for a woman who does not menstruate.
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- Original fatwa ID
- 97620
- Imported
- Translation status
- Source text, unreviewed
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