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The question

Is a wife considered divorced if the husband repeated the phrase "Consider yourself divorced from now on" five times, knowing that he once said, "By Allah, you will not remain under my responsibility and my care"?

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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, "By Allah, you will not remain under my responsibility or in my charge," is a promise that does not result in divorce unless he intends it. However, an expiation for a broken oath (kaffarat yameen) is required if he specified a time and did not fulfill it, or upon the end of the possible duration if he spoke generally. As for his statement, "Consider yourself divorced," this is one of the ambiguous expressions (kinayat) of divorce, and divorce occurs if he intended it. However, explicitly conditioned divorce takes effect upon the fulfillment of the condition, according to the more preponderant opinion, though some scholars differentiate between intending to effect divorce and merely threatening.

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Ftawy
Original fatwa ID
109285
Imported
Translation status
Source text, unreviewed
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