Is the wife considered divorced, and when, if the spouses quarrel and the husband says to the wife's brother in her presence: "I don't want her, and that's it, each goes their own way," then repeats the same words to her brothers and promises to leave the house and send her divorce papers, without explicitly uttering the word of divorce?
The husband's statements to his wife's brothers: "I don't want her" and "That's it, each one goes their own way" are considered implicit divorce pronouncements (kinayat talaq), and divorce does not occur by them except with the intention [of divorce]. If the husband intended divorce, it occurs; otherwise, it does not. So, if he intended one divorce with each phrase, then two divorces are binding upon him. If he intended only one with just one of them, then one divorce is binding upon him. As for his statement: "I will send her divorce papers to her later," it is merely a promise to divorce and he is not obligated to fulfill it. The husband is advised to be patient and understanding, and that divorce is not the optimal solution for marital disputes.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/123792