Is it permissible for me to return to my husband who divorced me with three pronouncements, knowing that he suffers from paranoia and claims to be one of God's saints?
There are several points:
1. The husband's statement "You have become among the divorced" is an allusive (kinayah) divorce. Divorce occurs if the husband intends it; otherwise, it does not. As for an explicit (sarih) divorce, such as saying "You are divorced," it does not require intention for the divorce to occur.
2. Repeating an allusive phrase over the phone effects a divorce if the husband intends it and you are still under his marital bond (ismatihi) or in your waiting period () from the first divorce.
3. The husband's statement "You are divorced" is an explicit wording of divorce, and it takes effect if you are under his marital bond or in your waiting period.
4. If a triple divorce has occurred, you do not become lawful for your husband until you marry another husband out of genuine desire, and he then divorces you after consummation. If it is less than three divorces, he can reconcile with you before the waiting period ends.
5. If the husband is suffering from an illness that makes him unaware of what he is saying, his divorce does not take effect.
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- Original fatwa ID
- 111674
- Imported
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