Does a divorce occur if one says to the wife's brother, for example, "Your sister is divorced"?
The husband's statement to his wife's brother, "Your sister is divorced," carries two possibilities:
1. If the wife's brother has no other married sister besides her, then the divorce falls upon the intended wife. No intention is required for an explicit divorce to occur. 2. If the wife's brother has another married sister, and the husband claims that he did not intend to divorce his wife but rather intended the other sister, then his claim is accepted religiously (Diyanatan) by some scholars, such as the Hanbalis. However, it is not accepted judicially (Qada'an) unless there is a corroborating indicator. As for the Shafi'is, they accept his claim with his oath, and he is not obligated by the divorce if he swears concerning his intention.
In the event of a divorce, the husband can reconcile with his wife before the expiry of her ' (waiting period), provided this divorce does not complete the three divorces.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 124128
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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