What is the Shafi'i madhhab regarding falsely admitting to divorce, and is what was reported in "Al-Mughni" from Al-Shafi'i, concerning divorce occurring by saying "yes" when asked: "Have you divorced your wife?" or "Is your wife divorced?" correct? And are the two questions identical in ruling? And did the later Shafi'is contradict Al-Shafi'i by saying that divorce does not religiously occur in this case?
The more correct view in the Shafi'i school is that if a man untruthfully states that he has divorced his wife, she becomes divorced from him. This is what Ibn Qudamah mentioned: "If a man is asked: 'Have you divorced your wife?' or 'Is your wife divorced?' and he replies: 'Yes,' she becomes divorced." Al-Umrani Al-Shafi'i clarified that this statement is explicit in divorce and is the more correct view. Regarding whether the divorce occurs outwardly and inwardly, if the man is truthful in his statement of divorce, then the divorce occurs both outwardly and inwardly. However, if he is untruthful in saying "Yes" and had not divorced her before, then the divorce occurs outwardly but not inwardly.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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