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The question

Is a wife forbidden to her husband if he said to her, "You are divorced by three" and he did not intend divorce nor did he mean the utterance?

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

The phrase "divorced" (ṭāliq) without attribution to the wife is a matter of dispute. Some scholars consider it a metaphorical (kinayah) divorce that does not take effect without intention, while others consider it an explicit (ṣarīḥ) divorce because what is implied is like what is stated.

If the husband did not intend divorce, the wife remains under his marital bond. However, if the phrase is considered an explicit divorce by assuming "you are divorced by triple talaq," then a triple divorce has occurred, and the wife becomes unlawful to him until she marries another husband.

The more cautious opinion is that the divorce takes effect, but the preponderant view is that the wife is not divorced unless the husband intended to divorce her.

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Ftawy
Original fatwa ID
123243
Imported
Translation status
Source text, unreviewed
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