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The question

Is it considered a divorce when a man says to his wife in a moment of anger, "This is a separation between me and you, and may our Lord grant you success with a man who makes you happy," even though he did not intend divorce or separation? And is it an irrevocable divorce?

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

The majority of scholars hold that the word "firaq" (separation/parting) is a euphemism for divorce, and thus divorce does not occur unless intended. In contrast, the Shafi'is and some Hanbalis consider it an explicit term for divorce, by which divorce occurs without the need for intention, citing Quranic verses such as: "And if they separate [i.e., husband and wife]" (Quran 4:130) and "or separate from them with kindness" (Quran 65:2). The majority, however, argue that it is not explicit because it is used in contexts other than divorce, such as His (Allah's) saying: "And do not separate" (Quran 3:103).

Accordingly, the husband's statement "this is a firaq (separation/parting) between me and you" does not effect a divorce according to the majority unless he intended it, unlike the Shafi'is and some Hanbalis. If it does occur, it is a revocable divorce, and he can reconcile with her before the end of her waiting period ('iddah) if it does not complete the third divorce. Anger here does not affect it, as long as the husband was aware of what he was saying and did not intend divorce.

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Ftawy
Original fatwa ID
114479
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