What is the ruling concerning a wife who was divorced three times at separate intervals, with the second divorce being a divorce by كناية (allusion) when the husband said, "Take your things and leave," while he does not recall his intention at the time of anger, and the third divorce being a conditional divorce when the husband said, "If you do this, you will be divorced forever," and the wife did it without his knowledge, and he does not recall his intention at the time? Has a major, irrevocable divorce (بينونة كبرى) occurred, and how is the waiting period (عدة) calculated in this case? What should the wife do if the husband does not remember the details of the divorces or his intentions?
A revocable divorce requires intention. If the husband doubts his intention, the default is that there was no intention. The husband's statement, "Indeed, I have divorced you," is evidence of his intention to divorce and clarifies it. As for the husband's statement, "You will be divorced," it could be a promise of divorce or a conditional divorce. If it was a conditional divorce with the intention of divorce, then the divorce occurs upon the fulfillment of the condition. If it was with the intention of threat, then there is a difference of opinion on it. The intention to divorce must be certain; the wording is to be taken at its apparent meaning. The waiting period (iddah) is calculated from the moment the condition is fulfilled. If there is doubt as to which of two matters the divorce was conditioned upon, she observes the waiting period from the later of the two. It is advisable to go to the Sharia court to ascertain the circumstances of the case.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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