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The question

Does a divorce occur with the husband's statement "This is a separation between me and you" if he claims he did not intend 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 wordings of divorce are of two types: explicit (sarih) and allusive (kinayah). Explicit wordings effect divorce even if there is no intention, whereas allusive wordings do not effect divorce unless there is intention, according to the majority of scholars. Or, according to the Hanafis and Hanbalis, if accompanied by a strong indication (qarinah) such as anger or the wife's request for divorce. However, Ibn 'Uthaymeen held the view that allusive wordings do not effect divorce unless there is intention, absolutely.

Examples of explicit wordings include: "Taliq (divorced)," "I divorce you." Examples of allusive wordings include: "Go join your family," "I don't want you."

The wording "firaq (separation)" is disputed, but the preponderant view is that it is among the allusive wordings, and therefore, divorce is not effected by it unless there is intention. So, the husband's statement, "This is a separation between me and you," is an allusive wording, and divorce is not effected by it unless the husband intended it.

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Original fatwa ID
12389
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