Is a husband's statement to his wife, "I will send you your papers to sign," considered a divorce if he did not intend divorce but rather it was general talk? And does merely thinking about divorce make it effective?
Your divorce does not take effect by your statement to your wife for two reasons: First, because it is not an explicit declaration of divorce, but rather a kinayah (allusion) that does not constitute divorce unless accompanied by the intention of divorce. Second, even if it were explicit, it would not take effect because it is a statement about a future event that has not yet occurred. It must be noted that a divorce paper constitutes divorce simply by being sent to the wife, without requiring her permission or consent. Furthermore, thoughts of divorce or the intention to divorce do not have any consequence unless articulated verbally.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 10329
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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