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Does divorce occur by repeating "divorced, divorced, divorced" after a shaykh, or by self-talk about divorce while moving the tongue without opening the mouth or lips, knowing that the questioner suffers from recurring obsessive thoughts about divorce?

1 min readAlso available in العربية

For divorce (talaq) to take effect, two conditions are required: First, the intention to utter the words of divorce. If the words slip from the tongue unintentionally, divorce does not occur, provided there is an indication (qarinah) to that effect. Second, the intention of the meaning of divorce, which is the dissolution of the marriage contract. The absence of this condition prevents the divorce from taking effect, even if the words are uttered, provided there is an indication. Examples of such indications include: narrating someone else's statement, teaching the wording of divorce, or if the wife's name is "Taliq" (divorced). If there is no indication, then the divorce takes effect. Musing about divorce to oneself is not considered a divorce.

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Source platform
Ftawy
Original fatwa ID
61540
Imported
Translation status
Source text, unreviewed
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