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The question

What is the ideal stance for dealing with the doubt of a married couple concerning the occurrence of divorce, due to the wife not remembering the intention, and the husband not remembering the intention because of obsessive whispers, along with his occasional statement to his wife: "If you want a divorce, then speak to your father so he can speak to me"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The phrases mentioned in the question – which include options and delegation of divorce – are considered allusive (kinayah). Divorce does not occur through them unless both spouses intend divorce. If there is doubt about the intention of divorce, it should be disregarded, because the original state is the continuation of the marriage (), and it is not removed by doubt. Al-Majd Ibn Taymiyyah said: "If one doubts divorce or its condition, he should build upon the certainty of marriage." Accordingly, divorce has not occurred by what was mentioned. The questioner is advised to disregard obsessive thoughts (waswas) and to beware of excessive questioning and elaborations that increase such obsessions.

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Ftawy
Original fatwa ID
150645
Imported
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Source text, unreviewed
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