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The question

Are the phrases mentioned during extreme anger, such as "you are divorced" repeated with the intention of emphasis, or swearing an oath of divorce or making an expiation for an oath regarding certain matters, or phrases indicating an unwillingness to continue the marriage, considered a binding divorce or do they require an expiation for an oath, knowing that the intention was to intimidate or prevent?

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

It is advisable to warn against a husband's leniency regarding divorce, as it is a serious matter that could lead to his wife becoming unlawful for him. Frequent swearing by divorce is considered an act of transgression (fisq) and a defect that necessitates separation. The details of divorce cases must be presented to scholars or the judiciary, as they require inquiry and clarification. Explicit divorce counts as only one pronouncement, even if the wording is repeated, if it is intended for emphasis. Allusive phrases, such as saying, "Either me or the doctor," or "the issue of working in the factory," or "the issue of her sister," are not considered divorce unless divorce was intended by them; otherwise, they are a reprimand or a rebuke. The expiation for an oath in these cases, if broken, is the expiation for an oath. Anger does not prevent the occurrence of divorce unless it reaches the point of unconsciousness.

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Ftawy
Original fatwa ID
90506
Imported
Translation status
Source text, unreviewed
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