What is the ruling regarding a wife returning to her husband who divorced her with the words "you are irrevocably divorced" via a text message, without the marriage contract being annulled in court, and after the 'iddah period expired, he asked her to return? And is a new contract necessary if the first contract is annulled, and is she then required to observe the 'iddah?
Writing a divorce is a metaphorical expression, and divorce does not occur by it unless there is an intention. It is not a condition for divorce to occur that it be officially documented in court. So, if a man says to his wife: "You are divorced," then the divorce has occurred, and the (waiting period) is calculated from the moment he utters it. If a man divorces his wife and her iddah ends, he may remarry her with a new contract that fulfills the conditions of validity, if this divorce is the first or second. His saying: "without return" is like his saying: "irrevocable," but the more preponderant opinion is that it is a revocable divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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