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The question

Why did you rule in Fatwa No. 78069 that divorce occurred despite the questioner's doubt about the word being uttered by mistake and about his intention, even though the Sharia principle states: "Certainty is not removed by doubt"? And does this fatwa apply to my previous question?

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

There is no contradiction in our fatwas concerning the issue of divorce not taking effect with doubt, for doubt about divorce does not remove the certainty of marriage. As for the that was referred to, it pertains to the ruling on someone who uttered a clear divorce pronouncement and doubted his intention, not whether he intended to effect the divorce or not, because a clear divorce pronouncement does not require an intention, and divorce takes effect with it without an intention, unless it was uttered unintentionally, such as someone whose tongue slipped. This fatwa does not apply to veiled allusions to divorce (kinayat al-), because divorce does not take effect with a veiled allusion except with an intention, and consequently, divorce does not take effect in such cases with doubt about the intention.

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Where this answer came from
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Ftawy
Original fatwa ID
158052
Imported
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