What is the ruling regarding all the aforementioned pronouncements of divorce, and is the questioner lawful for her husband, given that he divorced her once with the phrase "You are divorced" (أنتِ طالئ) but did not intend divorce, twice explicitly, twice during her menstrual period, and once with the phrase "You are not under my responsibility" (أنت لستِ على ذمتي) without intending divorce?
Divorce pronounced during menstruation or a period of purity in which intercourse occurred is an innovative (bid'i) and forbidden divorce. It is considered valid by the majority of scholars, and this is the most preponderant view. If the husband acts according to the opinion of those who do not consider innovative divorce to be valid, he is not to be blamed if his adherence to this view is based on a belief in its preponderance. The statement "You are not under my responsibility (or in my wedlock)" is a veiled (kinayah) divorce pronouncement and does not effect a divorce unless he intended it, and his word is to be accepted regarding his intention. As for the statement "Anti tali'" (with a hamza), if it is a well-known expression in his dialect, then it is an explicit (sarih) divorce pronouncement and effects a divorce even if he did not intend it. If it is not well-known, then it is a veiled pronouncement, and his word regarding not intending divorce is to be accepted. If the woman is certain that her husband has divorced her thrice, it is not permissible for her to allow him to have access to her, and she must seek separation from him through khul' (divorce at the wife's instance) or other means. It is advisable to present the matter to a court or Islamic centers.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/130293
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 130293
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy