Does a divorce take place in the following cases, with the intention present, knowing that I did not utter an explicit divorce formula, and have I exceeded the third divorce? 1. Sending text messages with phrases such as: "Separation is the solution. Each of us will go their own way. We had postponed separation several times, now is the time"? 2. Consulting with the wife regarding the issue of divorce and its consequences? 3. Asking a lawyer about divorce procedures without completing them? 4. Informing the wife's family that "it is better for me and for her that we separate; because she will not be able to bear life with me"?
Divorce occurs either through an explicit utterance or a veiled expression (kinayah) that implies the meaning of divorce, coupled with the intention to enact it. If there is doubt about uttering an explicit statement, or hesitation regarding the intention of divorce when using a veiled expression, then divorce does not occur, because the original state is the continuation of the marriage bond. Therefore, the mere intention of divorce without an explicit utterance, nor an expression that implies the meaning of divorce, or consulting with one's wife about the issue of divorce, or asking a lawyer about its procedures, or saying "it is better for me and her that we separate," none of these result in divorce. As for messages that could imply the meaning of divorce, such as "each one completes their path alone," these are veiled expressions. If divorce was intended by them, then it occurs; if it was not intended, then it does not occur. If there is doubt about the intention, then divorce does not occur.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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