What is the ruling regarding a wife remaining in her home and her relationship with her husband after he pronounced divorce years ago, and then threatened divorce again recently if she left, followed by her actually leaving?
If a man utters a divorce, whether explicitly or implicitly, with the intention of effecting it, one divorce takes place. If he does not take her back after this divorce until her waiting period () expires, then she becomes irrevocably separated from him, and she is not lawful for him except with a new marriage contract. However, if he takes her back before the expiry of the iddah, she returns to his marital bond. As for a divorce conditioned on leaving the house, the majority of scholars hold that it takes effect upon leaving, and this is the ruling given in fatwas. If he has not divorced her except these two divorces, then he has the right to take her back during her iddah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 149453
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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