Are the statements of the husband who evaded completing the marriage, then married and had children, to the effect that he does not want the questioner and that she is not his wife, and that his father was informed of the termination of the marriage without an explicit pronouncement of divorce, considered a figurative divorce, and is the questioner still under his marital bond, and is it permissible for her to marry another man?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The phrases spoken by the husband to his father and then to his wife are allusive divorce expressions (kinayat talaq) by which a divorce takes place if the husband intended it. The circumstantial evidence indicates his intention to divorce through these expressions. Therefore, separation has occurred between the spouses, and the marital bond has been dissolved. There is no impediment to the wife marrying someone else.
Summarized from the full answer at Ftawy · imported
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- 172132
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