What is the ruling on divorce in the following cases: 1. If the husband says to his wife: "If this talk is repeated again, you will be divorced," intending by that the repetition of insult and raising of voice, and then the insult is repeated by her? 2. If the husband says to his wife: "If you go out," with the intention of threat, and the wife goes out and remains next to the house? 3. If the husband says to himself aloud after an argument: "What shall I tell her? I shall tell her: 'You are divorced,' " and he did not intend divorce?
Clarification regarding the wife's triple divorce:
1. The first divorce conditional on the wife harming the husband: If the phrase "You will be divorced" means a promise of divorce, then nothing takes effect. However, if it means an immediate and effective divorce upon the harm occurring, then it is binding according to the majority of scholars, and this is the preponderant view.
2. The second divorce conditional on the wife leaving the house: If it was expressed in clear terms of divorce and the departure occurred, then the divorce is binding according to the majority of scholars, and this is the preponderant view, even if the intention was to threaten and not to divorce. For it to take effect, the wife must be under his conjugal bond, or in her waiting period (iddah), or have been reconciled.
3. The third divorce: It did not occur if it was merely an internal thought process and an exchange of words.
Based on this, if the divorces did not reach three, it is permissible to reconcile with the wife before the waiting period (iddah) ends; otherwise, she is not lawful to him except with a new marriage contract.
The wife must treat her husband kindly, obey him, and not leave his house without his permission.
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