Does a divorce take effect if the husband tells his wife: "Do not touch me, you will be a sinner," with the intention of divorce, using the future tense, or if he says words that hint at divorce with an indirect intention?
Divorce is of two types: explicit, which occurs by mere utterance and requires no intention, and implicit, which only occurs with intention.
If the husband says to his wife, "Do not touch me, you will be sinful," and he intends divorce if she touches him, then it occurs upon her touching him, because this utterance is an implicit expression of divorce.
However, if he did not intend divorce, or if he intended that he would effect it in the future, then divorce does not occur unless he actually effects it.
As for words that do not imply divorce, such as saying: "Stand up" or "Sit down," divorce does not occur by them, even if he intended it, because the utterance does not support it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 191000
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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