Does divorce occur with the statement "If you don't go, you are divorced, divorced, divorced," repeated to the father, in the event that the wife did not go after refusing to travel?
If the time period in which the husband swore that his wife must travel has ended, her divorce takes effect. If he did not intend to issue three divorces by repeating the word of divorce, then only one divorce takes effect. If he says: "You are divorced, divorced, divorced" and intended to emphasize it, that is accepted from him. But if he intended to issue multiple divorces, then three divorces take effect. If he had no intention, then one divorce takes effect. Repeating the word of suspension does not multiply the divorce. If this divorce does not complete three divorces, he may reconcile with his wife during her waiting period ('iddah). If the waiting period ('iddah) has expired, a new marriage contract is necessary. The waiting period ('iddah) for a divorced woman who menstruates is three menstrual cycles, for a pregnant woman it is until she gives birth, and for a woman who does not menstruate or is not pregnant it is three months. Some scholars, such as Ibn Taymiyyah, are of the view that if the husband did not intend to issue a divorce by his oath, but rather to threaten, then no divorce takes effect, but he is obligated to pay the expiation for an oath (kaffarat yamin).
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/183717
- Source platform
- Ftawy
- Original fatwa ID
- 183717
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy