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The question

Is it valid to consider the phrase "I am tired" a metaphorical divorce if the speaker intended divorce by it?

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

It appears that the phrase "I am tired" is not considered among the ambiguous expressions (kinayat) of divorce by the majority of scholars, as it does not imply separation and does not bear the meaning of divorce.

Therefore, if this phrase is not among the ambiguous expressions of divorce and the husband did not intend divorce by it, then divorce does not occur, by consensus.

However, if the husband did intend divorce by it, the majority of jurists hold that divorce does not occur by this phrase, and this is one of the two opinions of the Malikis.

The other well-known opinion among the Malikis is that divorce does occur by it.

The opinion of the majority is the more preponderant one, because the wording does not convey divorce, and mere intention does not result in divorce, based on the Prophet's ﷺ saying: "Allah has overlooked for my Ummah whatever they speak to themselves about, as long as they do not utter it or act upon it."

In summary, the phrase "I am tired" is not among the ambiguous expressions of divorce, and divorce does not occur by it, even if intended, according to the majority of scholars.

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Ftawy
Original fatwa ID
147705
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