Does a husband's triple divorce of his wife over the phone count when he is angry?
What we understood from the question is that your husband divorced you over the phone, then informed you by phone that he had divorced you, then told you afterward that you are divorced by three pronouncements, and then called again and informed you that he was angry. If the situation is as we understood it, then the answer is that the first divorce pronouncement via phone is effective. As for your husband’s statement, "I cast the oath upon you," if he intended it as a notification of the occurrence of the first divorce, then there is nothing additional upon him. If he said it, falsely informing of the occurrence of a divorce, then nothing is binding upon him according to the preponderant opinion, unless the wife raises the matter to the judiciary, in which case the divorce will outwardly occur, but not inwardly. If he intended to initiate a divorce, then it is effective, and this would be another pronouncement. His statement, "You are divorced by three pronouncements," via phone results in their occurrence according to the majority of scholars, including the four schools of thought, contrary to Shaykh al-Islam Ibn Taymiyyah, who held that only one pronouncement occurs. Based on the opinion of the majority, you have become unlawful for him, and you will not become lawful for him unless you marry another husband in a valid marriage and he divorces you after consummation. You also become unlawful for him according to Ibn Taymiyyah and those who agree with him if this pronouncement was preceded by two others not in the same sitting or what is considered equivalent. The occurrence of the divorce here is conditional on the husband being aware of what he is saying at the time of his anger. If he was unaware of what he was saying, then nothing is binding upon him, as accountability is lifted from him because he is in the position of one who is insane. If only one or two divorce pronouncements occurred, your husband may take you back before the completion of the waiting period (iddah), which ends with purity from the third menstrual cycle after the divorce, or the passage of three months if you do not menstruate, or the delivery of the baby if you are pregnant. If the waiting period has expired, it is necessary to renew the marriage contract with its pillars: a guardian (wali), two just witnesses, a dowry (mahr), and a formulation indicating the marriage contract.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/100468
- Source platform
- Ftawy
- Original fatwa ID
- 100468
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy