Does divorce take effect if a husband says, "Consider yourself divorced," without the intention of divorce, or if he jokingly says, "She remains divorced"?
The preponderant view is that the phrase "consider yourself divorced" is a kinayah (allusion/implication) by which divorce does not occur without intention. And the husband's statement "she remains divorced" is not an explicit declaration of divorce, because it could imply a threat or a conditional statement, and it is not directly attributed to the wife. Therefore, if the husband uttered these phrases in jest and without the intention of divorce, then no divorce occurs, as kinayah requires intention, and one who jokes has no intention.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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