Does a husband's request for his wife to leave constitute a divorce, and does a divorce take effect if the husband intends to divorce his wife while discussing the matter with his parents?
Divorce is of two types: explicit, such as "You are divorced," and allusive (kinayah), such as "Go join your family." Allusive divorce does not occur unless intended. The husband's statement, "Leave me and go if you find a problem staying with me," is considered a conditional allusive expression of divorce. If there was a problem and the husband intended divorce with this phrasing, then divorce occurs; otherwise, it does not. As for the husband's discussion of divorce with his parents, it is not considered a divorce unless he utters an explicit divorce or an allusive expression coupled with the intention of effecting it. A subsequent intention of divorce does not affect previous utterances, and a mere intention of divorce in the heart without utterance does not effect divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 8953
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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