Is the wife considered divorced if she went to her family's home after her husband said to her: "Consider yourself divorced, and you are forbidden to me if you go to your family's home," knowing that the husband does not yet know of her departure, and is the رجعة (return to marital status) achieved merely by the occurrence of sexual intercourse between them?
If, by this wording, the husband intended to make his wife's divorce conditional upon her going to her family's house, and she went, then the divorce has occurred. However, if he intended ẓihār (a form of injurious divorce) and not ṭalāq (divorce), then ẓihār has occurred, and it is unlawful for him to have intercourse with his wife until he performs the expiation for ẓihār. If the divorce occurred and was less than three pronouncements, then simply by the husband having intercourse, the rajʿah (revocation of divorce) takes place. It is preferable to present these issues to trustworthy scholars in person.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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