The ruling on one who intends divorce with a phrase that does not indicate divorce
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Question:
Our brother also asks and says: An elderly man has an elderly wife, and he says to her: "You are forgiven," meaning: "You are divorced, and you have no waiting period to observe." What is your opinion on that? May Allah reward you with good.
Answer:
If his intention in saying "You are forgiven" is divorce, then it is according to his intention, and she is divorced with one revocable divorce. If he dies before she completes her waiting period, she must observe the mourning period, and she inherits from him. Her waiting period is three months if she is a woman who no longer menstruates. If he dies within those three months, she is his wife, she must observe the waiting period, and she has a right to inheritance, and she must observe the mourning period, provided he had not divorced her twice before this.
As for if he had divorced her twice before this, then this would be the third divorce, and she would be finally divorced from him. She has no waiting period, no mourning period, and no right to inheritance.
As for if this divorce is only the first one, or if there was only one divorce before it, making this the second, then it is a revocable divorce. If he dies during the waiting period, she inherits from him and mourns for him, and she must observe the mourning period as mentioned earlier. If he dies after she has completed her waiting period—after three months—then she is a stranger to him; she has no waiting period, no mourning period, and no right to inheritance.
The presenter: May Allah reward you with good. It seems he is saying, Shaykh Abdul Aziz, that he does not intend divorce, as long as he mentioned that she has no waiting period?
The Shaykh: It must be according to... his intention. If his intention is divorce, then it is a divorce. If he dies after three months have passed for her, and she is a woman who no longer menstruates, then she becomes a stranger to him after the three months. She does not inherit, she has no waiting period, and she does not observe the mourning period.
As for if his intention in saying "You are forgiven" is: "You have no waiting period, do not observe a waiting period for me," this is not for him to decide; this is for the Shari'ah to decide. Even if he said: "You have no waiting period." She has a waiting period if he dies while she is his wife. Her waiting period is four months and ten days, and she must observe the mourning period, refrain from adornment, refrain from perfume, refrain from jewelry, and refrain from kohl and the like, just as other women do.
The presenter: May Allah bless you.
Our brother also asks and says: An elderly man has an elderly wife, and he says to her: "You are forgiven," meaning: "You are divorced, and you have no waiting period to observe." What is your opinion on that? May Allah reward you with good.
Answer:
If his intention in saying "You are forgiven" is divorce, then it is according to his intention, and she is divorced with one revocable divorce. If he dies before she completes her waiting period, she must observe the mourning period, and she inherits from him. Her waiting period is three months if she is a woman who no longer menstruates. If he dies within those three months, she is his wife, she must observe the waiting period, and she has a right to inheritance, and she must observe the mourning period, provided he had not divorced her twice before this.
As for if he had divorced her twice before this, then this would be the third divorce, and she would be finally divorced from him. She has no waiting period, no mourning period, and no right to inheritance.
As for if this divorce is only the first one, or if there was only one divorce before it, making this the second, then it is a revocable divorce. If he dies during the waiting period, she inherits from him and mourns for him, and she must observe the mourning period as mentioned earlier. If he dies after she has completed her waiting period—after three months—then she is a stranger to him; she has no waiting period, no mourning period, and no right to inheritance.
The presenter: May Allah reward you with good. It seems he is saying, Shaykh Abdul Aziz, that he does not intend divorce, as long as he mentioned that she has no waiting period?
The Shaykh: It must be according to... his intention. If his intention is divorce, then it is a divorce. If he dies after three months have passed for her, and she is a woman who no longer menstruates, then she becomes a stranger to him after the three months. She does not inherit, she has no waiting period, and she does not observe the mourning period.
As for if his intention in saying "You are forgiven" is: "You have no waiting period, do not observe a waiting period for me," this is not for him to decide; this is for the Shari'ah to decide. Even if he said: "You have no waiting period." She has a waiting period if he dies while she is his wife. Her waiting period is four months and ten days, and she must observe the mourning period, refrain from adornment, refrain from perfume, refrain from jewelry, and refrain from kohl and the like, just as other women do.
The presenter: May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.