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The question

Does divorce take effect upon the husband's saying: "Go to your family's house," if he intended divorce by it, knowing that the initial intention was a threat, and then he affirmed the intention?

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

The husband's statement to his wife, "Go back to your family's house," is a كناية (allusion) of divorce, which takes effect according to the husband's intention. His informing the judge contrary to his intention is a lie and a sin. The judge's ruling that the divorce did not occur, based on this lie, does not negate its occurrence. The waiting period () for a pregnant woman is until she gives birth. A رجعة (revocation of divorce) after six months from childbirth is not valid. If the husband wishes to take her back, he must renew the marriage contract with the guardian's permission and in the presence of witnesses.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
117716
Imported
Translation status
Source text, unreviewed
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