Does divorce occur by saying, "Consider yourself divorced" or "You are divorced," with the intention of frightening and threatening, knowing that the wife was in a state of purity during which he had intercourse with her?
A man's statement to his wife, "Consider yourself divorced," is a كناية (allusion/implication) of divorce. If someone writes an explicit divorce to his wife intending to upset her, not to effect a divorce, then there is a difference of opinion regarding the occurrence of the divorce. Ibn Qudamah mentioned two views: one is that the divorce takes effect, and the other is that it does not. Therefore, the divorce does not take effect unless he intended to bring it about. Divorce during a period of purity that has been preceded by intercourse is a valid divorce, despite its being an innovation (بدعية) according to most scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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