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The question

Would a divorce occur if a man said to his wife: "If you leave after school without my knowledge, you are divorced," and she then sent him a message saying: "Thank you, I am leaving now, and the 'ismah (bond of marriage) is in my hand, I am divorced," knowing that she did not actually leave? And is an expiation for a broken oath (kaffarat yamin) required, or can the wife be taken back? And what is the ruling on the wife's message saying: "The 'ismah is in my hand, I am divorced"?

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

As for the first part of the question, if the wife does not leave without her husband's knowledge, then no divorce occurs. Her saying "I am leaving" or "the bond of marriage is in her hand" holds no weight. The wife remains under the bond of her husband, and no expiation is necessary.

As for the second part, divorce is a right exclusive to the husband, and he may delegate this right to another. The wife does not have the right for the bond of marriage to be in her hand, so as to divorce herself. It is advisable for both spouses to seek wisdom in resolving marital problems and avoid making divorce a means to solve them.

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Ftawy
Original fatwa ID
120449
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