Does the husband's statement, "If you go out now to your family, consider yourself only the mother of my child," followed by his retraction, "Go, I retract my previous words and permit you," constitute an implicit divorce, and will every subsequent visit to her family's house effect a divorce?
The husband's statement: "Consider yourself only the mother of my child" is a kinaya (allusive expression) of divorce, by which divorce occurs if the husband intends it, and he cannot retract it except according to the opinion of Ibn Taymiyyah. So, if he intended divorce by it and prevented his wife from leaving at that specific hour, and she did not leave, then he has not broken his oath. However, if he intended to prevent her from leaving absolutely, then divorce occurs upon her going to her family. Similarly, if he intended divorce by his statement: "Every time you go, count one," then each instance of her going to her family results in a divorce, and there is no expiation for this oath according to the majority of scholars. It is advisable to present the matter to the court or to trustworthy scholars to ascertain the husband's intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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