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The question

What is the ruling on a man using allusions to divorce with his wife, without remembering his intention or the number of times he used them? And does divorce occur with such allusions? And what if he said to himself: "O Lord, do not count divorce against me unless the judge divorces her in court"?

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

The most beneficial cure for obsessive thoughts (waswas) is to disregard them. The phrases you uttered, "I no longer want to live with you," "Go to your father's house," and "We cannot stay together," are considered allusions to divorce (kinayat al-talaq). If you doubted your intention at the time of utterance, then the divorce has not occurred, because the original state is the continuation of the marital bond, and a marriage established with certainty is not removed by doubt. As for your intention that the divorce not be counted against you, it has no legal validity according to Sharia. We advise you to be deliberate and certain before speaking about divorce, and to be patient with your wife, for divorce is disliked without a legitimate Sharia reason.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
111809
Imported
Translation status
Source text, unreviewed
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