What is the ruling on the husband's statement, "Take your divorce and get away from me," if he intends it as a threat and not as an actual divorce?
Divorce is of two types: explicit (sarih) and allusive (kinayah). Explicit divorce occurs even if not intended, such as uttering the word "taliq" (divorced). As for allusive divorce, it does not occur except with intention or the presence of a contextual indicator, such as anger. The husband's statement "Take your divorce and get away from me" is considered explicit divorce, and it may signify either an immediate divorce or a threat. In this regard, one refers to his intention: if he intended an immediate divorce, then the divorce occurs; if he intended a threat, then it does not occur. The husband is advised to avoid uttering words of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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