He promised her divorce, then was tormented by doubts whether the divorce had taken place, and he took it back
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The second question of Fatwa No. ( 6905 )
Q2: A man says: A minor disagreement occurred between me and my wife, so I asked to have relations with her. She said, "Will you divorce me if I make myself available to you?" I told her, "I will see and think about it." However, she insisted on her statement, and suddenly, without any intention on my part, I said to her, "Yes." Allah knows that I did not intend to divorce her, and it did not cross my mind. In fact, my intention was to have relations with her and caress her until her anger subsided. She then made herself available to me, and I satisfied my desire from her. After that, I was troubled by the thought: Does my saying "Yes" to her count as a divorce or not? So I went to the scholars of the Tabuk court and asked them about it. Some of them said, "It counts as one divorce," while others said, "You owe nothing." But my anxiety and obsessive thoughts increased, so I said to myself, "I will consider it one divorce, and I will take her back to ward off the obsessive thoughts and stop the worrying." What is the legal ruling in this case, and what legal consequences follow from it?
A2: If the situation is as described, then his saying, "Yes," is a promise to her
of divorce if he has intercourse with her, and it is not a divorce. However, if he divorced her with one pronouncement after the scholars in Tabuk differed, he should take it back to remove the doubts, in which case the divorce takes place. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A man says: A minor disagreement occurred between me and my wife, so I asked to have relations with her. She said, "Will you divorce me if I make myself available to you?" I told her, "I will see and think about it." However, she insisted on her statement, and suddenly, without any intention on my part, I said to her, "Yes." Allah knows that I did not intend to divorce her, and it did not cross my mind. In fact, my intention was to have relations with her and caress her until her anger subsided. She then made herself available to me, and I satisfied my desire from her. After that, I was troubled by the thought: Does my saying "Yes" to her count as a divorce or not? So I went to the scholars of the Tabuk court and asked them about it. Some of them said, "It counts as one divorce," while others said, "You owe nothing." But my anxiety and obsessive thoughts increased, so I said to myself, "I will consider it one divorce, and I will take her back to ward off the obsessive thoughts and stop the worrying." What is the legal ruling in this case, and what legal consequences follow from it?
A2: If the situation is as described, then his saying, "Yes," is a promise to her
of divorce if he has intercourse with her, and it is not a divorce. However, if he divorced her with one pronouncement after the scholars in Tabuk differed, he should take it back to remove the doubts, in which case the divorce takes place. 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.