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The question

Does a divorce take place when the husband says, "Divorced, yes," in response to his wife's question, "So you have divorced me?", knowing that he did not intend to divorce her?

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

The husband's statement, "You are not my wife," is an allusion (kinayah) and does not effect a divorce without the intention [of divorce]. However, his statement, "You are divorced," is an explicit declaration (sarih) and effects a divorce without the need for intention. Divorce before consummation is an irrevocable (ba'in) divorce, in which the husband does not possess the right of return (raj'ah).

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
174794
Imported
Translation status
Source text, unreviewed
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