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The question

If a husband says to his wife, "You are divorced," intending thereby her beauty or her quick speech, does a divorce occur by that?

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

In the case of ambiguous divorce pronouncements (kinayat al-talaq), reference is made to the husband's intention. If he intended divorce, it occurs; otherwise, it does not. If circumstantial evidence, such as anger and dispute, indicates an intention to divorce, and the husband denies it, the divorce is legally effective (qada'an) but not religiously (diyanatan). The word "talaqah" (a single divorce) is one such ambiguous pronouncement because it can mean divorce or other things. So, if a husband says to his wife, "You are a talaqah," intending divorce, it occurs; otherwise, it does not.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
146109
Imported
Translation status
Source text, unreviewed
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