Are the pronouncements of divorce that occur before consummation counted, and is it permissible to reconcile in this case?
Divorce is only prevented from occurring by anger that leads to loss of consciousness. A clear and explicit divorce takes effect regardless of intention. Divorce via telephone takes effect if the husband intended it. If an irrevocable divorce (ṭalāq bā’in) occurs, the two subsequent divorces are not considered valid because they did not affect a legal standing. If the divorce does not occur in writing due to lack of intent, it takes effect by explicit verbal utterance. In conclusion, the divorce here is a single, irrevocable divorce. The husband can take his wife back with a new contract, and this divorce counts as one of the three permissible divorces. One must be cautious of anger and marital problems and use reason and wisdom in resolving them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 126161
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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