Does a divorce issued by the husband, saying, "You are divorced, divorced, divorced, divorced," in a state of extreme anger, take effect, knowing that this divorce was preceded by a conditional divorce by three if the wife hung up the phone on him, and that happened by mistake?
The husband's statement, "He will divorce you with three [talaqs]," is a promise and a threat, and no divorce takes place thereby. However, his statement, "You are divorced, divorced, divorced," is an explicit [pronouncement] by which divorce takes place, as long as he is aware of what he is saying. If he intended repetition, then three divorces occurred, and she becomes irrevocably separated from him with a major divorce (baynunah kubra), and she is not lawful for him again until after she marries another man in a marriage of genuine desire. But if he did not intend repetition, then only one divorce occurred, and this would be the second divorce, and he has the right to take her back before the expiry of her waiting period (). It is advisable to present the matter to a court or to trusted scholars.
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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