Is the husband's statement, "Consider me as having sworn an oath," without explicitly uttering the word of divorce, considered an oath of divorce, especially if he doesn't recall the incident and the wife intends to do the very thing she was forbidden from doing?
Divorce conditioned upon an action can be either by an explicit wording, such as "If you speak to Zayd, you are divorced," or by an indirect wording (kinayah), such as "If you do such and such, you are not my wife." An indirect wording (kinayah) does not effect a divorce unless the husband intends it. The husband's statement, "If you do it again, I will not know you," is considered an indirect wording (kinayah) of divorce, and no divorce occurs by it unless he intends to effect it. If the husband forgets what he said, no divorce occurs when the wife performs the action upon which the divorce was conditioned, because the default is the absence of divorce and the continuation of the marital bond until certainty proves otherwise.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 117356
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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