Back to search
The question

Does a man's pronouncement of "You are divorced" to his wife count as a divorce if he said it believing she requested it by saying "throw it," while she actually meant "throw the card," given that this is the second pronouncement and they had intercourse afterward?

Share this answer

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

Divorce does not take effect unless its wording is attributed to the wife. If it is not attributed to her, then it is a kinayah (allusion) and refers back to the husband's intention. Should he have intended divorce, then it takes effect, and its occurrence is not prevented by the wife's intention to throw the card, not to be divorced, for what is considered in this matter is the husband's intention.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
152931
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.
Read the full ruling
Read the full answer on Ftawy