Ruling on divorcing a woman before consummation
Machine translationRead the Arabic original
Question:
This is a question from the listener (M. H. Sh. 'A) from Jordan, Amman, Mafraq. He says: I am a person who contracted a formal marriage with a girl. One day, I became angry with her family when they were speaking with me about a matter concerning my fiancée, so I uttered the word: "divorced," and I repeated it three times, without her knowing. And up to now, she has not known. So, did the divorce take effect here, and what is the nature of the divorce?
Please advise us. May Allah reward you with good.
Answer:
If the reality is as the questioner mentioned, then only one divorce takes effect for her, if he has not consummated the marriage, meaning he only contracted the marriage but did not consummate it. Then one divorce takes effect upon her, and he has the right to return to her with a new marriage, with a new contract, without the need for a new husband, but rather a new marriage is sufficient. The second and third divorces do not attach to her; because if a woman has not been consummated with, only one divorce attaches to her, which separates her with a minor separation, and the second and third divorces do not attach because she is not in a waiting period. He has the right to return to her with a new marriage if she agrees to it, like any other suitor.
This is a question from the listener (M. H. Sh. 'A) from Jordan, Amman, Mafraq. He says: I am a person who contracted a formal marriage with a girl. One day, I became angry with her family when they were speaking with me about a matter concerning my fiancée, so I uttered the word: "divorced," and I repeated it three times, without her knowing. And up to now, she has not known. So, did the divorce take effect here, and what is the nature of the divorce?
Please advise us. May Allah reward you with good.
Answer:
If the reality is as the questioner mentioned, then only one divorce takes effect for her, if he has not consummated the marriage, meaning he only contracted the marriage but did not consummate it. Then one divorce takes effect upon her, and he has the right to return to her with a new marriage, with a new contract, without the need for a new husband, but rather a new marriage is sufficient. The second and third divorces do not attach to her; because if a woman has not been consummated with, only one divorce attaches to her, which separates her with a minor separation, and the second and third divorces do not attach because she is not in a waiting period. He has the right to return to her with a new marriage if she agrees to it, like any other suitor.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.