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The question

Is the phrase "we will send her to her family" considered one of the allusions to divorce, and does divorce occur if it is said jokingly?

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

Divorce occurs whether intended seriously or in jest, for the Prophet, peace and blessings be upon him, said: "There are three matters whose seriousness is serious and whose jest is serious: divorce, manumission, and revocation [of divorce]." And the statement "we will send her to her family" is neither an explicit declaration nor a clear metaphor for divorce, so divorce does not occur by it, even if intended, and this is the view of some scholars. While others, including the Malikis and some Shafi'is, hold that any word accompanied by the intention of divorce counts as a divorce by the intent of the divorcer, such as [the phrase] "give me water to drink" if divorce was intended by it. However, if it was intended as a promise of divorce, it does not occur.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
64517
Imported
Translation status
Source text, unreviewed
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