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The question

Does the wife become forbidden, necessitating a new marriage contract and dower, if the husband said: "You are forbidden to me if you do such and such," and she did that, and then he cohabited with her years after this statement, knowing that he was unaware that what he said was considered a divorce?

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

The prohibition of a wife depends on the husband's intention. If he intended dhahār (a pre-Islamic form of divorce), it is dhahār. If he intended divorce, it is divorce. If he intended an oath, it is an oath. Similarly, if he made an unqualified statement without intending anything, it is an oath. Therefore, if your intention was not divorce, then no divorce has occurred, and you are obligated to perform an expiation for breaking an oath (kaffārat yamīn).

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
88224
Imported
Translation status
Source text, unreviewed
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