Does the ruling that divorce expressed in allusive terms does not take effect except with the intention apply to all types of allusive expressions? And what is the ruling on one who utters an allusive expression, intending its apparent meaning, such as "You are separate" or "Observe your waiting period," but does not intend to effect a divorce or sever the marital bond, or was ignorant of the rulings concerning allusive divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The majority of jurists hold that divorce does not occur through ambiguous (kinayah) expressions—even if they are clear—without intention, because kinayah can bear more than one meaning. Therefore, the intention of divorce is a prerequisite for its occurrence. So, if the husband says to his wife, "You are separate" or "Start your '" without intending divorce, divorce does not occur, even if he knows no other meaning for those words besides divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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