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The question

Does divorce occur upon saying "you are divorced" to the wife after the marriage contract and before consummation, knowing that there were foreplays to intercourse without penetration?

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

Your statement to your wife, "You are divorced," is an explicit and effective divorce. Divorce before consummation is an irrevocable divorce, meaning the husband does not have the right to take her back. Some scholars are of the opinion that a valid seclusion ( sahihah) before consummation is equivalent to consummation in establishing the right of return (raj'ah), but the majority opinion differs. Therefore, your divorce has occurred, and your wife has become irrevocably separated from you. If you wish to take her back, a new marriage contract is necessary.

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Ftawy
Original fatwa ID
175698
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Source text, unreviewed
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