Back to search
The question

Does divorce occur upon the husband's statement: "Consider yourself divorced as soon as we return to the country," after the wife requested divorce from him, knowing that they reconciled on the same day and that the husband denies his intention of divorce? And if it does occur, is it considered a first divorce and what rulings result from it?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a husband tells his wife: "Consider yourself divorced as soon as we return to the country," the divorce takes effect upon your return to the country. This is because it is a mere suspension (ta'leeq), meaning it is not intended for urging, preventing, affirming, or denying. In this type of suspension, divorce occurs when the suspended condition is met, and the husband's intention and purpose are not considered. This is the opinion of the majority of scholars.

As for a suspension intended for prevention or urging, scholars have differed on it. The majority hold that the divorce takes effect, while others maintain that it does not take effect if the husband did not intend to effect a divorce but rather intended to urge or prevent.

Therefore, this divorce is considered a first revocable divorce ( raj'i), and the husband may reconcile with his wife as long as she is within her waiting period () by word or deed, accompanied by intention.

It should be noted that a woman is not permitted to ask her husband for divorce except for a legitimate Shar'i excuse that permits it.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
9532
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy