What is the difference between hesitation in the intention of divorce and the intention of divorce being part of the spoken word?
Whoever doubts the occurrence of divorce is not bound by it, because the default is non-occurrence, and certainty is not removed by doubt. Explicit divorce pronouncements do not require intention, such as saying "you are divorced," even if the intention of divorce was for a part of the pronouncement. As for allusive divorce pronouncements, divorce does not occur unless the intention of divorce was for the entire pronouncement, according to the preponderant opinion. However, if you want to be cautious, consider it a divorce, as that is more prudent to avoid disagreement. One must be wary of obsessive doubts concerning divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 135251
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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