The pillar of the divorce
The divorce has four pillars, which are as follows:
(1) The husband
The divorce of a foreign man who does not possess the marriage contract does not take place, If a man says: So and so is divorced if you marry her, then he married her after that, so his divorce does not take place, which he said before contracting it.
(2) The wife
A man's divorce does not apply to a foreign woman who is not married, The same applies to the woman who has had intercourse with the own of the right, If a man divorces his slave girl, his divorce does not take place, because she is not a wife.
(3) The formula for divorce
It is the expression indicating the dissolution of the marriage knot, explicitly or metaphorically.
(4) The intent
That he intends to pronounce the word divorce, and if a man wants to call his wife by her name Tahrh, He wrongly said to her: you are ( Talqh) divorced, its release does not occur; (Fiqh on the four schools of thought, vol. 3, pg. 276).
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