What is the ruling regarding a man's statement to his wife: "If you want a divorce, then you are divorced," and does divorce take place by it, and what is the ruling regarding the spouses' reconciliation after a period of this statement during which the divorce was not documented?
If the wife did not verbally express her choice of divorce, then it appears that no divorce occurred, because the husband made the divorce contingent upon her will, and she did not utter the volition. The sayings of jurists, such as Ibn Qudamah, affirm that theṣ volition must be expressed verbally. However, if she did verbally express her choice of divorce, then it has occurred. If this divorce is not the third and final one, the husband may take her back during her waiting period ('). But if it completes the three divorces, the husband cannot take her back unless she marries another man and consummates the marriage with him, and then he divorces her or dies. The registration of divorce does not affect its legal validity, but it is an important benefit.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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