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The question

Does the phrase "this is a separation between me and you" constitute an explicit divorce (talaq sareeh) by scholarly consensus if it was written with the intention of intimidation and not with the intention of marital separation, bearing in mind that the wife was in a state of purity during which he had intercourse with her?

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

The majority of scholars hold that the words "separation" (الفراق) and "release" (السراح) are not explicit in divorce because they are used in other contexts. Thus, they are among the euphemisms of divorce that require intention. Therefore, what you said to your wife is considered a euphemism for divorce that requires intention. Since you did not intend divorce but rather intended separation for travel, not marital separation, what you said is not considered a divorce. It is advisable to consult the courts if available.

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Where this answer came from
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Ftawy
Original fatwa ID
88626
Imported
Translation status
Source text, unreviewed
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