What is the ruling on someone who is certain that he uttered a word from the divorce pronouncements, but does not know whether it was an imperative verb, a present tense verb, or an initiation of divorce? Does his divorce take place or not?
"Whoever hesitates between whether an explicit pronouncement of divorce is an إنشاء (an immediate act creating a legal effect), a promise, or a خبر (a statement of fact), no divorce results from his doubt; because the original state is the continuation of the marriage, and it is not removed by doubt. Ibn Taymiyyah said: 'If one doubts about divorce, or about its condition, it is built upon the certainty of the marriage.' And Al-Ruhaibani said: 'Divorce is not binding due to doubt concerning it, or doubt concerning what divorce was conditioned upon.' Obsessive whispering (waswasah) concerning matters of divorce leads to great evil, and its cure is to ignore it."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 186408
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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