What is the ruling on saying "I must divorce her" or "I must divorce that woman" without the intention of divorce, and does divorce occur thereby?
Your statement to your wife, "Go to your family," is an
allusion to divorce. If you did not intend divorce by it, then there is nothing
upon you. And your statement, "I divorced her for the first and second time,"
if you intended by it a false report, or you believed that it had occurred
while it had not, then there is nothing upon you except repentance from lying.
However, if you intended to initiate divorce with these two phrases, then two
divorces are binding upon you. If you intended to initiate divorce with one
(of the phrases), then one divorce is binding upon you. You may take your wife
back as long as her waiting period has not ended and the divorces have not
amounted to three. If the total number of divorces reaches three, then she is
unlawful for you and will not become lawful until she marries another man, he
consummates the marriage with her, and then he divorces her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 98616
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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