Does divorce occur by saying "you free" in English, without a firm intention and with hesitation, and in the context of the husband being absent for medical treatment while having a first wife who is unaware of the second?
The phrase mentioned in English in the context of divorce is considered an allusive expression (kinayah), and divorce does not occur by it unless there is an intention. If there is doubt about the intention to effect divorce with this allusive expression, then the doubt is not given weight, because the original state is the continuation of the marriage. Some scholars rule that divorce occurs with an allusive expression without intention if it is in a situation where the wife is asking for divorce, but this is a judicial ruling and not a matter of religious conviction (diyanah). Based on this, divorce has not occurred with this phrase, and the husband must deal justly between the two wives and live with them honorably.
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- Original fatwa ID
- 150030
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