He said, “I pronounce the divorce, and by Allah the Mighty, I will not take her back, and she is not my wife from this day forward,” intending divorce
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Fatwa number ( 9161 )
Q: I took this oath, and its text is: “I pronounce the divorce, and by Allah the Mighty, I will not take her back, and she is not my wife from this day forward.” This was during a discussion with my mother while my wife was absent, concerning a problem that occurred on her part. I was angry with her and fully aware of myself, and my intention was indeed to divorce her. This is my first oath, and I wish to know the solution according to the Shari'ah of Allah the Exalted.
A: If your intention in swearing by divorce was to effect the divorce, then one divorce has taken place. You may take her back during the waiting period if this was not the third of three divorces. It is also permissible for you to take her back after the waiting period with a new bridal gift and a new marriage contract. If it was the third of three, she is not lawful to you until another husband marries her with a valid Islamic contract, enters into marital relations with her, and consummates the marriage. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I took this oath, and its text is: “I pronounce the divorce, and by Allah the Mighty, I will not take her back, and she is not my wife from this day forward.” This was during a discussion with my mother while my wife was absent, concerning a problem that occurred on her part. I was angry with her and fully aware of myself, and my intention was indeed to divorce her. This is my first oath, and I wish to know the solution according to the Shari'ah of Allah the Exalted.
A: If your intention in swearing by divorce was to effect the divorce, then one divorce has taken place. You may take her back during the waiting period if this was not the third of three divorces. It is also permissible for you to take her back after the waiting period with a new bridal gift and a new marriage contract. If it was the third of three, she is not lawful to you until another husband marries her with a valid Islamic contract, enters into marital relations with her, and consummates the marriage. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.