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What is the religious ruling concerning a wife who was divorced twice, and the spouses returned with a new marriage contract, then the wife left the home and insisted on divorce, so the husband considered divorce and informed the imam of that, then he sent her an indirect statement of divorce (kinayah), then she claimed she was menstruating at the time of the kinayah?

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If a man says to his menstruating wife, "When you become pure, you are divorced," then she is divorced upon her first purification. If he made the divorce conditional on an event and he took her back before the condition occurred, the return is not valid. However, if he informed her that he had divorced her, but he had not actually divorced her, the preponderant opinion is that the divorce does not occur if he did not intend it. If he uttered a euphemism for divorce or wrote it, the divorce occurs with his intention. And whoever divorces his wife three times, he does not own her return except after she marries another man in a marriage of desire, and then he separates from her, and her waiting period from him ends.

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Source platform
Ftawy
Original fatwa ID
193800
Imported
Translation status
Source text, unreviewed
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