What is the ruling on a man uttering divorce to himself without intending to enact it, and does it take effect if the man has contracted the marriage with the girl but has not yet consummated it?
If it is merely an imagination and saying "you are divorced" without actual utterance, then nothing is entailed by it. However, if there was an actual utterance: if you did not intend the word of divorce at all, then it does not occur. But if you intended to utter it, then the divorce occurs. And if the person uttering it is afflicted by obsessive doubts (waswasa) and overcome by them, then his divorce does not occur. The effective intention is that which is concurrent with the utterance of divorce, not that which comes after it. And if the divorce of a woman who has not been consummated with occurs, it is an irrevocable divorce (bain), and the husband has no right to take her back except with a new contract. It is obligatory to promptly ask the people of knowledge when something necessitates it.
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- Ftawy
- Original fatwa ID
- 117722
- Imported
- Translation status
- Source text, unreviewed
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