Does divorce occur if the husband says to his wife, "Consider yourself divorced," intending to threaten and not to divorce, and is intention considered in divorce?
An explicit divorce, whether said jokingly or seriously, results in a divorce and does not require intention, such as saying: "You are divorced." As for divorce by
allusion, which could mean divorce or something else, it does not take effect except with intention. Since the questioner's wording is an allusion and he did not intend divorce but rather a threat, then nothing is incumbent upon him. It is advised to avoid words of divorce and to resolve marital problems through legitimate means: (As for those [wives] from whom you fear defiance, admonish them, and abandon them in bed, and strike them. But if they obey you, then seek not against them any way.)
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
- 31613
- 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
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