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The question

What is the ruling on a husband saying to his wife: "If you want a divorce, then get divorced," and is this considered deputizing her in divorce by way of ownership, agency, giving her a choice, or delegation, and does this depend on his intention?

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

The phrase "Do you want to be divorced? Then be divorced" is not an explicit delegation of divorce to the wife, and it carries other possible meanings. The word "be divorced" does not constitute an initiation of divorce because it could imply compliance (i.e., her husband divorced her, so she became divorced) and because it is an imperative verb. An imperative is not among the explicit forms of divorce according to the Hanbalis and Hanafis.

Therefore, this phrase is considered a metaphorical expression (kinayah), the ruling of which depends on the husband's intention. If the husband did not intend to delegate the divorce to his wife, the matter remains in his hands, and no divorce occurs through her statement or her act of divorcing herself.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
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Ftawy
Original fatwa ID
8554
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.
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Read the full answer on Ftawy