Is there a contradiction between Fatwa no. 147959 and the previous fatwas which state that divorce occurs with certain phrases (you are divorced, she is divorced, divorced, divorcée) even if the wife is not present? And does divorce occur if the husband is unmindful or if his tongue slips with the explicit word of divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Explicit divorce must be attributed to the wife, such as "You are divorced" or "I divorced her." However, the word "divorced" (طالق) alone is an allusion (kinayah) by which divorce does not occur except with intention. The phrases "She is divorced" (هي طالق) or "She is divorced" (هي مطلقة) are explicit pronouncements by which divorce occurs. Scholars have differed regarding whether "divorced" (طالق) and "divorced" (مطلقة) are explicit without the need for a pronoun. It appears from the questioner's statement that he uttered the divorce out of mockery and jest.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/115144
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 115144
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy