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The question

What is the ruling regarding a husband saying to his wife: "You are divorced according to the four schools of thought," whether this is before or after consummation?

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

The phrase "You are divorced" is an explicit pronouncement of divorce, which, according to the four schools of thought, takes effect without the need for an intention, even if spoken in jest. If the divorce occurred before consummation and there was no valid seclusion, she becomes irrevocably separated from him and is not lawful for him except with a new marriage contract. If it occurred after consummation, he may take her back before the completion of her waiting period, provided this divorce does not complete the three divorces. The return is also valid if a valid seclusion occurred.

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Ftawy
Original fatwa ID
119299
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