A man who was absent for a long time and divorced his wife in his heart, meaning he did not inform her, is now anxious about whether the divorce is effective.
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The questioner : May the Shaykh be honored, a man was absent for a long time and divorced his wife in his heart, meaning he did not inform her. He is now anxious. Does this divorce take effect, or does it not take effect as long as he has not informed the wife? Please advise us, may Allah reward you.
The Shaykh : The divorce takes effect even if the wife is not informed. If a person utters the divorce and says, "I have divorced my wife," the wife is divorced whether she knows about it or not. For this reason, if it is assumed that this wife did not learn of the divorce until after she had menstruated three times, her waiting period would have ended even though she did not know. Likewise, if a man dies and his wife does not learn of his death until after the waiting period has passed, she has no waiting period at that time because her waiting period ended with the completion of the duration.
The Shaykh : The divorce takes effect even if the wife is not informed. If a person utters the divorce and says, "I have divorced my wife," the wife is divorced whether she knows about it or not. For this reason, if it is assumed that this wife did not learn of the divorce until after she had menstruated three times, her waiting period would have ended even though she did not know. Likewise, if a man dies and his wife does not learn of his death until after the waiting period has passed, she has no waiting period at that time because her waiting period ended with the completion of the duration.