Is the husband's saying to his wife, "Choose whether we continue or we divorce," considered a delegation of divorce [tafwid al-talaq], and does a divorce occur upon her choice of it? And is the husband's saying to his wife, "Each of us goes our separate way, and the relationship between us is over," considered an allusion to divorce [kinayah an al-talaq], given his ignorance at the time of the rulings on delegation and allusion, and his wavering intention?
The husband's statement to his wife: "Choose, either we continue or we divorce" is considered a delegation of divorce (tafwid al-talaq). If the wife chooses divorce, it occurs. The majority of jurists hold that this delegation is restricted to the session (al-majlis); so, if the wife stands up or speaks about something unrelated, the delegation becomes void. If the wife chooses divorce and does not intend more than one, then one revocable divorce occurs, according to the preponderant opinion, unless the wife has not been consummated with, in which case the divorce is irrevocable. As for the husband's statement: "Everyone goes their own way, and the relationship between us has ended," this is one of the ambiguous expressions of divorce (kinayat al-talaq). If the husband intended divorce by it, it occurs; if he did not intend it, it does not occur.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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