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The question

Does an allusive divorce occur if the husband says to his pregnant wife: "I don't want you, go to your family's house," and the intention of divorce was in his mind before the wife asked for her divorce papers, then he said to her: "Yes" when she asked for her papers, knowing that he did not explicitly utter the word divorce in this situation, and the spouses discussed the details of the 'iddah (waiting period) and where it would be spent?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A man's statement to his wife, "Go to your family," is an

allusion to divorce. The occurrence of divorce through allusion is conditioned upon the

intention to effect divorce, and not merely the intention of its meaning. As long as

the husband did not intend to effect divorce with the allusion, no divorce

occurs thereby.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
136748
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