Does a man's saying "By divorce" before consummation affect the ruling that divorce does not occur, knowing that he remained silent after saying it and did not intend divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The wife's being undivorced does not affect this issue, and there is no difference between her and one who has been divorced. The by Alish Al-Maliki, which we mentioned, confirms this. It concerned an undivorced wife, and its text states that divorce does not occur if the husband says, "Upon me be divorce thrice," and then falls silent, as Imam Malik answered.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/106644
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- Ftawy
- Original fatwa ID
- 106644
- 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