What is the ruling on a husband saying to his wife, "You are divorced," if she leaves for her family's house and does so, and his saying to his mother in another dispute, "My wife is divorced," without any procedures in either case, knowing that the wife is provocative, they have two children, and he does not wish to destroy the home?
If the husband intended divorce, not merely threatening his wife with expulsion from the house, then it is considered a first divorce without dispute. However, if he only intended a mere threat, the majority of scholars are of the opinion that the divorce occurs, while some are of the opinion that it does not.
When the husband says to his mother, "My wife is divorced," a second divorce occurs by the consensus of scholars, because it is an immediate divorce where anger is not taken into consideration, as long as he was aware of what he said and not under duress. Neither evidentiary procedures nor the presence of children are taken into consideration.
If nothing else happened from him besides this, he can reconcile with his wife as long as she is within her waiting period ('). He must fear Allah by controlling his tongue and protecting his household. He now has only one divorce remaining, after which his wife will be irrevocably divorced (baynunah kubra).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 196005
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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