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The question

Is the husband's intention not to return home, with the wife's knowledge, considered a divorce, even if he does not utter it? And how many divorces are counted if a divorce ruling is issued? And how is the 'iddah calculated? And can the husband take his wife back if it is not a major irrevocable divorce?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If a man says to his wife: "You are divorced irrevocably (taliq bila raj'ah)," it is considered a revocable divorce ( raj'i) according to the Maliki, Hanafi, and Shafi'i schools if the wife has been consummated with, and the husband retains the right to take her back. As for the Hanbalis, they consider it to be the occurrence of three divorces. The divorce is revocable if the divorce statement was written but not intended to take effect, or if it was intended to effect a single divorce, provided that the wife has been consummated with and has not completed her ' (waiting period). However, if the man intended to issue three or two divorces, then she becomes unlawful for him. The 'iddah begins from the time of the divorce and ends after three menstrual cycles, or three months for a woman who does not menstruate, or upon delivery for a pregnant woman. The divorce issued by a female judge is not considered an irrevocable divorce (talaq ba'in) due to the impermissibility of a woman holding the position of a judge according to the majority of scholars.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
95295
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.
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