Does the husband's saying to his wife, "Your father's house is better for you," and "Our separation is better for us," and "Your family is better for you," with his intention to separate, constitute a divorce, and is it permissible for him to consort with her thereafter, especially since he suffers from severe forgetfulness?
A husband's statement to his wife, "Let each of us go our separate ways, and you think about yourself, perhaps you will be blessed with good fortune," is a kinayah (allusive divorce) and does not constitute a divorce unless he intended it. As long as the husband did not intend divorce with this phrase, it has not occurred. Doubt about the intention of divorce does not make it happen, because the default state is the continuation of the marriage. Al-Majd Ibn Taymiyyah said: "If one doubts about divorce, or its condition, it is built upon the certainty of marriage."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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