Back to search
The question

Does a divorce take effect with the words "ʿalayya al-khair" (upon me be goodness) or "ʿalayhā al-khair" (upon her be goodness) if the speaker intended divorce thereby?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Not every utterance made by the husband results in divorce. Words that are neither explicit nor allusive to divorce do not constitute divorce, even if the husband intended divorce. Al-Shafi'i holds that words that do not resemble divorce do not constitute divorce, even if intended. Ibn Qudamah mentioned that words not resembling divorce, such as "sit down" or "may Allah bless you," are not considered allusive and do not constitute divorce even if intended.

As for explicit divorce, it is that which bears no other meaning, such as: "You are divorced." This constitutes divorce even if not intended. Allusive phrases are those that can imply divorce, such as: "Go to your family" or "You are unlawful to me." Therefore, the phrase "to goodness" (على الخير) or "goodness upon her" (عليها الخير) is an extraneous word that does not constitute divorce, even if he intended it.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
73585
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy