Back to search
The question

Does divorce occur if a man says to his wife, "You are divorced, you are divorced," and then says, "You are divorced if you leave the house," while claiming he did not intend divorce and that his behavior was bad, and is his claim to be believed?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A husband's statement to his wife, "divorced, divorced," is an explicit declaration of divorce, and it results in one divorce if he intended to emphasize, and two divorces if he intended to establish new ones. Since he only has one divorce remaining, his wife becomes unlawful to him with this statement. If the wording of the divorce is explicit, the speaker's intention is not considered, and any subsequent commentary does not benefit him unless his silence was due to an impediment (such as taking a breath or coughing). So, if the man remained silent before the commentary without an excuse, or if the intention to comment arose after he had finished pronouncing the divorce, then this does not benefit him, and his wife is divorced three times. However, the knowledge of the reason for the silence or the intention to comment rests with the one who pronounced the divorce himself.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
111104
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy