Does a husband's divorce of his wife by saying "You are divorced" in front of two witnesses take effect, despite his claim that he did not intend divorce, and despite the witnesses' confirmation that he was not under duress, and given that the couple has not reunited since the incident? And is it permissible for him to take her back?
The husband's statement to his wife, "You are divorced," is a clear and effective divorce, and no expiation for an oath is sufficient in this case. If it does not complete the three divorces, the husband has the right to take his wife back before the expiry of her ' (waiting period). This return can be by verbal declaration or by intercourse, and it does not depend on the wife's consent or knowledge.
If the 'iddah expires before the return, the wife becomes irrevocably divorced (ba'inah), and she is not lawful for him except with a new marriage contract.
If this divorce completes the three divorces, the wife becomes irrevocably divorced with a major irrevocability (baynunah kubra), and she is not lawful for him unless she marries another man out of genuine desire, and he consummates the marriage with her, and then he divorces her or dies, and her 'iddah from him expires.
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- Original fatwa ID
- 135785
- Imported
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