Is the phrase "upon divorce" considered an explicit utterance of divorce or a metaphorical one, when the husband does not intend to make it conditional on something or to swear by divorce, but merely to utter it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The phrase "عليَّ الطلاق" (upon me be divorce) is an explicit declaration of divorce. Whoever utters it, knowing its meaning, their divorce takes effect even if they did not intend to divorce. According to the preponderant opinion, one revocable divorce (ṭalāq rāj‘ī) becomes binding. The husband has the right to take back his wife (راجعها) before the end of her waiting period (ʿiddah), provided that this divorce does not complete the third divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/126273
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- Ftawy
- Original fatwa ID
- 126273
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy