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?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
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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- 174794
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