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The question

Does a divorce occur if the husband tells his wife: "Leave," intending to repudiate her, while knowing beforehand that this word effects a divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The word "al-sarah" (releasing/setting free) is, according to the majority of jurists, among the non-explicit divorce pronouncements, meaning that divorce does not occur with it unless there is an intention to divorce. This is contrary to the view of the Shafi'is and some Hanbalis and Malikis. The preponderant view is that divorce does not occur with this word unless there is an intention to divorce, for even if it appears in the Quran with the meaning of separation, it is frequently used in contexts other than divorce. Accordingly, divorce does not occur with this word unless the husband intends divorce.

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Ftawy
Original fatwa ID
10583
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Source text, unreviewed
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