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The question

Is it considered a divorce if the husband says to his wife: "You are no longer lawful for me after today," and "Gather your belongings and go to your family's house," given their disagreement about the intention to link that to a condition?

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

The phrases uttered by the husband are not explicit in divorce; rather, they are among its allusions (kinayat), such as: "You are definitively separated from me with a forbidden separation (bainunah muharramah); you are never lawful for me thereafter," and "Go back to your family."

Allusions do not effect divorce without intention. So, if the husband did not intend divorce with these phrases, divorce does not occur, whether they were immediate or conditional.

Regarding the intention, the husband's statement is accepted, as he knows best his own intention.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
166174
Imported
Translation status
Source text, unreviewed
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