Is it a condition for divorce to occur that there be a pre-existing intention for divorce when the husband says, "You are divorced, divorced, divorced," with a prior agreement to divorce?
The majority of scholars hold that divorce is valid without witnesses. If the husband utters an explicit divorce, his divorce takes effect, whether he intended it or not, and whether he was serious or joking. If the husband admits to uttering an explicit divorce and the waiting period () has expired, he does not have the right to take his wife back unless there is a new contract. However, if he intended, by repeating the word of divorce, to repeat its occurrence, or if this divorce completed the three divorces, then she is irrevocably divorced from him (baynunah kubra), and he cannot take her back unless she marries another husband out of genuine desire, and then he separates from her, and her waiting period ends. In case of dispute, the judge will rule on the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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