Does a divorce take place if a husband repeatedly says to his wife: "Go to your family; I don't want you and I won't continue with you," and his statement: "I might have actually uttered the oath, and you are with me in a haram (unlawful) life," considering he has two previous divorces?
The husband's statement to his wife, "Go to your family," is an ambiguous divorce pronouncement (kinayat al-), so divorce does not occur unless the husband intends it. The repetition of the phrase depends on his intention: whether he meant to emphasize it or to initiate a new pronouncement. As for "I will divorce you," this is a promise of divorce, and divorce does not occur by it. The prohibition of the wife (tahrim al-zawjah) depends on the husband's intention: whether he intended divorce, zihar (injurious assimilation of wife to unmarriageable kin), or an oath. Therefore, it is necessary to consult a court or a institution to ascertain the husband's intention behind what he uttered.
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