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The question

Does a divorce occur with the statement "Our divorce is settled" and "Each to their own way" with the intention of giving a choice or divorce, then repeating "You are divorced" with the intention of informing, and while in a state of mental distress due to taking nerve medication, and before that, saying "I will take you to your family's house" while attempting to persuade the wife to divorce, and does divorce occur in these cases with the wife's refusal to divorce?

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

We ask Allah to heal you, forgive your sins, and elevate your status. May Allah reward you for your concern for your wife. If the wife is content to stay and waive her rights, then there is no blame on the husband for keeping her, and no sin on him. As for divorce, it did not occur with your saying "we have divorced" or "each to their own way," because these are allusions (kinayat) by which divorce does not occur except with intention (niyyah), and you are unsure about your intention. Likewise, your saying "you are divorced" with the intention of informing does not constitute a divorce. And your statement "I will take you to your family's house" is neither an explicit nor an allusive divorce; rather, it is a promise of divorce, and divorce does not occur by it. Your wife is still under your marital bond. We advise you to abandon these words and seek refuge from the whispers of Satan.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
75054
Imported
Translation status
Source text, unreviewed
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