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What is the ruling on a man's oath of divorce to his wife, stating that she is divorced if she enters her father's house, after he had already divorced her twice, and in a situation where some scholars have advised them to perform Khul’ so that the two divorces are annulled and he can take her back with a new contract?

1 min readAlso available in العربية

"Khulʿ (divorce at the instance of the wife) is considered a ṭalāq (divorce by the husband) if it is pronounced using the word 'ṭalāq' or if the intention of ṭalāq is present. However, if it is done without the word 'ṭalāq' and without the intention of ṭalāq, there is a difference of opinion, and the majority view is that it is still ṭalāq. Therefore, if a man seeks khulʿ from his wife as a stratagem to nullify a suspended divorce, this stratagem is forbidden and invalid. This is because either his wife will be irrevocably divorced from him (a major irrevocable divorce), or his marriage will be dissolved, and his suspended divorce will remain in effect. However, according to the Shafi'i school, khulʿ nullifies a suspended divorce."

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Ftawy
Original fatwa ID
124117
Imported
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Source text, unreviewed
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