Does divorce occur in the following cases: 1. Divorcing the wife while she is in a state of postpartum bleeding (nifas)? 2. Swearing an oath of divorce with the intention of effecting divorce to prevent the wife from doing something, then the wife returns to doing that thing? 3. The husband telling people that he has divorced his wife without explicitly uttering the divorce, while she later returns to the marital home?
1. According to the majority of scholars, the divorce of a woman in her postpartum (nifas) period is effective, and the divorcer is not required to offer expiation.
2. If a man makes his wife's divorce conditional upon a specific encounter, and the conditioned event occurs with the intention of divorce, then the divorce takes place.
3. If a man falsely states that he has divorced his wife, but did not actually pronounce the divorce, then she remains his wife between him and Allah Almighty. The divorce does not take place according to the majority of scholars, unless the wife refers the matter to a Sharia judge.
4. Divorce does not occur unless the wife is under the marital bond of the husband. Accordingly, if a divorce occurs once or twice, the husband may take his wife back before her 'iddah (waiting period) is complete. If her 'iddah expires without reconciliation, she does not become lawful for him except through a new marriage contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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