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The question

Does a divorce take place if a man says to his wife, "She is not in my contract," — while angry — and he did not intend divorce by it, knowing that he has one divorce remaining?

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

A husband's statement to his wife, "You are not in my contract (i.e., marriage bond)," is a kinayah (allusive or ambiguous) divorce. Divorce does not occur by it unless there is an intention [to divorce]. Even though some scholars hold that divorce occurs by kinayah in a state of anger without intention, as a matter of judicial ruling (qada'an), yet, as a matter of religious reckoning (diyanatan), divorce does not occur by kinayah without intention, even if in a state of anger. Therefore, if the husband did not intend divorce with this phrase, then no divorce has occurred.

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Ftawy
Original fatwa ID
131557
Imported
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Source text, unreviewed
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