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The question

Does divorce take effect with the sayings: "Get out of the car and your paper will come to you" and "Everything is over," coupled with hesitation in the intention of divorce, knowing that the woman has already given birth?

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

Your statement to your wife, "Get out of the car and your paper will come to you, and everything is over," is considered a metaphorical expression (kinayah) of divorce. In such cases, the ruling depends on your intention (). If you intended to threaten and frighten her with divorce, then no divorce occurs. However, if you intended divorce by it, then one divorce () occurs.

You may revoke the divorce (raj'ah) during her waiting period (), which for a pregnant woman is upon delivering the child. If the iddah expires without a revocation, she does not return to you except with a new marriage contract and a new dowry.

Some scholars are of the view that a divorce occurs through a metaphorical expression without the need for intention, especially during a dispute or in a state of anger. However, others hold that a metaphorical expression does not cause divorce to occur unless there is an intention, even in these circumstances, and this is the more preponderant view.

Therefore, if you did not intend divorce by your previous words, then no divorce occurs. And if you do not know what your intention was, the default is that there was no intention of divorce, and thus no divorce occurs in that case.

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Ftawy
Original fatwa ID
12273
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