Does a divorce occur with the saying "divorce upon me" without awareness or intent, and what is the ruling of the religion on that?
Whoever utters a divorce (talaq) without awareness or speaks it to himself, nothing (no divorce) falls upon him. However, whoever swears by divorce and does not intend to effect it, but rather intends to urge himself or others to do something or prevent it, then this is an oath, and expiation for an oath (kaffarat yamin) is due upon breaking it. Attention must be paid to words and the tongue must be guarded from divorce, whether in jest or seriously, to preserve the marriage. If the word of divorce is uttered unintentionally, it is considered idle talk (laghw). If it is uttered with the intention of urging oneself to perform a specific action, without the intention of effecting divorce, then it is an oath, and expiation for an oath becomes binding if the action is not performed. However, if one intends the divorce to take effect if the action is not performed, then the divorce occurs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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