What is the ruling regarding a husband saying to his wife, "You are unlawful to me," with the intention of disciplining, rebuking, and reprimanding her, and not with the intention of prohibition or divorce, especially given that the wife frequently said to her husband, "I am unlawful to you"?
If the husband did not intend divorce or ẓihār by his statement "You are forbidden to me," then he owes an expiation for a broken oath (kaffārat yamīn). As for the wife's statement, "I have forbidden myself to you," it does not result in a prohibition, and she owes an expiation for a broken oath. The husband's statement "You are divorced" is an explicit divorce (ṭalāq ṣarīḥ) by which divorce takes effect. If it is repeated three times, a major irreversible divorce (baynūnah kubrā) occurs. Divorce pronounced during menstruation or during a period of purity in which the husband had intercourse with his wife is valid, even though it is prohibited according to the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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