What is the ruling on a husband saying, "Take your divorce," if he intends a threat and not the actual pronouncement of divorce?

The criterion for a divorce kinayah (allusion/metaphorical expression) is every word that indicates separation and conveys the meaning of divorce, yet is not explicit. A kinayah does not constitute a divorce unless accompanied by intention (niyyah). If the husband explicitly states that he did not intend divorce with the kinayah he uttered, then this is sufficient, and there is no need for worry or doubt.

Regarding the phrases mentioned, their rulings are as follows:

1. "Take your divorce": This is considered an explicit divorce according to the Hanafi school in the corrected opinion. It does not require intention, and divorce may occur by the husband's utterance alone, without the wife needing to say "I have taken it." If there is no certainty that the husband uttered this phrase, then the marriage remains valid.

2. "Stay away from me": This is a kinayah of divorce, and divorce does not occur by it unless accompanied by intention.

3. "He will divorce you": This is a promise of divorce, and divorce does not occur by it unless it is actualized.