If he says to her, “Cover your face and send your family to bring your belongings,” it is an indirect expression of divorce
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Fatwa No. ( 304 )
Q: There was a misunderstanding between him and his wife, and as a result, he said to her: “I will send your papers to your family. Cover your face, and send your family to bring your belongings.” He states that he said this casually without intent and that he did not send
any papers to her family; rather, it was merely a threat to her. He asks whether anything is required of him in response to what he said to his wife?
A: His saying to her, “Cover your face and send your family to bring your belongings,” is a hidden indirect expression among the indirect expressions of divorce. However, the preceding phrase, “I will send your papers to your family,” and the following phrase, “send your family to bring your belongings,” these two phrases specify his intent in saying “Cover your face,” which is the desire to divorce. Therefore, it is considered one divorce. If this divorce is not the third of three divorces for his wife, he may take her back as long as she is in the waiting period. If she exits the waiting period before he takes her back, she is not lawful for him except with a new marriage contract and a new bridal gift, with her consent. If it was the third of three divorces, she is not lawful for him until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: There was a misunderstanding between him and his wife, and as a result, he said to her: “I will send your papers to your family. Cover your face, and send your family to bring your belongings.” He states that he said this casually without intent and that he did not send
any papers to her family; rather, it was merely a threat to her. He asks whether anything is required of him in response to what he said to his wife?
A: His saying to her, “Cover your face and send your family to bring your belongings,” is a hidden indirect expression among the indirect expressions of divorce. However, the preceding phrase, “I will send your papers to your family,” and the following phrase, “send your family to bring your belongings,” these two phrases specify his intent in saying “Cover your face,” which is the desire to divorce. Therefore, it is considered one divorce. If this divorce is not the third of three divorces for his wife, he may take her back as long as she is in the waiting period. If she exits the waiting period before he takes her back, she is not lawful for him except with a new marriage contract and a new bridal gift, with her consent. If it was the third of three divorces, she is not lawful for him until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage. 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.