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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Saying: “You are forbidden to me” as an indirect expression of divorce

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Question: The husband, A, came to me, accompanied by two witnesses, according to their own admission, and the aunt of one of the witnesses was present with them, according to the admission of all. The aforementioned husband admitted to me that he became angry with his aforementioned wife about eight years ago or more, and said to her: “You are forbidden to me,” intending thereby to divorce her. He had not divorced her before that or after it. When the aforementioned wife was asked about what happened, she answered that what happened was exactly what the husband said. When the two witnesses were asked, they answered that they do not know that any divorce occurred from the husband other than what he admitted to.

Answer: Based on this, I issued a ruling to the aforementioned husband and his aforementioned wife that one divorce has taken place with this statement, and that he may return to her through a new marriage with its valid conditions according to the Shari'ah. This is because this phrase is an indirect expression of divorce according to the stronger opinion of the scholars, and the husband intended divorce with it, so what he intended takes effect. No more than one divorce takes effect through an indirect expression or other indirect expressions, according to the most correct opinion of the scholars.
Said and attested by the one who is poor in need of the forgiveness of his Lord, Abdul Aziz ibn Abdullah ibn Baz, may Allah forgive him, and may Allah send prayers and peace upon His servant and Messenger Muhammad, his family, and his Companions.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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