Does a divorce occur when the husband says: "Consider yourself divorced," and is expiation (kaffarah) obligatory if it occurs, and what is the method of dealing with the husband in the event that it occurs?
The husband's statement to his wife, "Consider yourself divorced," is an implicit (kinayah) divorce. Divorce does not occur through this statement unless there is an intention () for it. The husband is asked whether he intended divorce with his words or not. If he did not intend it, then no divorce has occurred. If he did intend it, then it has occurred. If it has occurred and does not complete the three divorces, then the husband may reconcile with his wife before the ' (waiting period) expires. A revocably divorced wife (raj'iyah) is considered, in ruling, like a wife; she should not leave his house except out of necessity. She is permitted to adorn herself for him and wear what she wishes, and she is not obliged to observe from him. He is also permitted to be alone with her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 163187
- 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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