Does a divorce take effect if the husband says to his wife: "I divorce you, and you are free, go to your family's home," or if he says in a state of anger: "I divorce you, and you can marry another man?"
The husband's statement, "I divorce you," is not an explicit declaration of divorce. If he intends an immediate divorce by it, then it takes effect; otherwise, it does not. As for "You are free, go to your family," these are indirect divorce expressions (kinayat), and divorce does not occur through them except with the intention (). Assuming the intention of divorce in these phrases, only one divorce takes place. Regarding his statement, "I divorce you, and you can marry another man," the same applies as mentioned previously: if he intends an immediate divorce by it, or if the wording implies that, then it takes effect; otherwise, it does not. In a state of extreme anger, the preferred opinion is that divorce does not occur. If divorce does occur, he can reconcile with his wife as long as she is within her waiting period ().
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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