Does a divorce take effect by saying, "Yes, I don't have a wife now, for each of us has gone our own way," falsely and without the intention of divorce, and then correcting the matter by saying, "I am still married"?
Scholars differ on whether, if a husband is asked, "Have you divorced your wife?" and he says, "Yes," while he is lying, divorce occurs. The Hanbalis held that the divorce takes place. However, the majority of scholars believe that it does not occur intrinsically between the spouses, but it does occur judicially if the matter reaches a judge.
Others held that this phrasing is a metaphorical expression (kinayah) and divorce does not occur by it unless the husband intended it, and this is what Sheikh Ibn Uthaymeen chose.
In the case of being asked with the phrase "I do not have a wife now," it is considered a metaphorical expression (kinayah) by which divorce does not occur except with intention, because it can carry other meanings besides divorce. A Muslim must avoid lying.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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