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The question

Is saying, "My conscience is clear of you," or similar phrases, considered an explicit divorce, and does it entail the return of the waived dowry, and what is the view of the jurisprudential schools of thought on this?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"According to the majority of scholars, explicit divorce is confined to the word "talaq" (divorce) and its derivations. The Shafi'is and Hanbalis (in one narration) added the words "firaq" (separation) and "sarah" (release). Abu Hanifa and Malik, however, hold that explicit divorce is solely the word "talaq."

As for the phrase "you are not in my custody" (لست لي على ذمة), some later Maliki scholars opined that it constitutes an irrevocable divorce (talaq ba'in), while others considered it to be three divorces. It was also said that it necessitates one divorce unless there was an intention for more, applicable to both a consummated marriage and otherwise.

Based on this, the phrase "you are not under my responsibility" (ما أنت بذمتي) is not considered an explicit divorce. And your statements "my conscience is clear" (ذمتي بريئة) or "there is nothing upon my conscience" (ليس في ذمتي شيء) after settling your wife's debt do not constitute divorce, as you intend to absolve yourself of the debt. The khul' (divorce by mutual consent) that occurred between you is considered valid if it fulfilled the conditions for its validity."

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Ftawy
Original fatwa ID
111919
Imported
Translation status
Source text, unreviewed
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