Does a husband's statement to his wife during a quarrel, "You will not remain married to me while you are working," obligate her to stop working, or does it require expiation, or does it constitute a divorce? And does uttering the word "divorced" in jest, followed by continuing marital life on the same day, constitute a divorce?
A husband's statement to his wife: "You will not be under my responsibility [meaning: you are divorced]" is one of the allusive phrases of divorce, and divorce occurs with it if he intends it. The time of its occurrence also depends on his intention. If he intended it to occur immediately if she continued working, then she must stop immediately. If he intended it to occur at a specific time, then the divorce is bound by that time.
As for a wife's statement to her husband: "You are divorced [Ṭāliq]," divorce occurs with it, even if she was joking. If this was not the third divorce, then the couple's intimacy is sufficient for a رجعة (reconciliation) to occur. However, if it was the third divorce, then she has become irrevocably separated from him (Baynūnah Kubrā), and she is not permissible for him until she marries another husband in a marriage of desire, and he consummates the marriage with her, and then divorces her.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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