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The question

Does divorce take effect if a husband says, "Consider yourself divorced," without the intention of divorce, or if he jokingly says, "She remains divorced"?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
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Ftawy
Original fatwa ID
185494
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.
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Read the full answer on Ftawy