What is the legitimate legal ruling regarding a husband's statement to his wife, "Go to your family's house," with the intention of divorce in the first two words, then changing his intention to mere threat?
A man's statement to his wife, "Go to your family's house," is a kinayah (allusion) that does not constitute a divorce unless intended. Scholars have differed on whether the intention must accompany the entire utterance or if it suffices for it to accompany a part of it, such as its beginning or end.
Some Hanbalis and the relied-upon opinion among the Shafi'is hold that it is sufficient for the intention to accompany a part of the utterance. There is another view among the Shafi'is that necessitates the intention to accompany the entire utterance. The sounder opinion among the Hanbalis is that the intention must accompany the beginning of the utterance.
Accordingly, whoever intended divorce with the first letters of the utterance, the divorce is considered to have occurred as a precaution. If this divorce is the third, there is an escape route for those who do not enforce it, and it is advisable to consult the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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