Is it considered a divorce if the husband says to his wife, "Consider yourself divorced" and "You have been divorced for a long time," if his intention was to threaten?
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah, and upon his family and companions. To proceed:
There are two issues regarding divorce:
First: The husband's statement, "You have been divorced fundamentally for a long time." This is a declaration and not an initiation. If he is lying, no divorce occurs unless the matter is brought before a judge. If it is a declaration of a previous divorce that was less than three, then a رجعة (reconciliation) is valid during the waiting period (). If it completes three divorces, then she becomes unlawful for him until she marries another husband.
Second: His statement, "Consider yourself divorced." This is an implicit expression of divorce (kinayah) and does not effect a divorce unless accompanied by intention. If his intention was merely to threaten, then nothing is incumbent upon him.
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