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The question

Does the divorce take effect with the allusive phrase "I don't want you; I'm sending you to your family" if it was uttered with the intention of separation, coupled with ignorance that divorce takes effect with an allusive phrase, knowing that the relationship between the spouses has improved and they have a child?

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

Firstly: It is recommended to treat one's family with kindness and respect, following the example of the Prophet, peace and blessings be upon him, who was the best of people to his family. Affairs have already begun to improve, by the grace of Allah.

Secondly: Divorce is of two types: explicit and allusive. Explicit divorce leaves no room for interpretation other than divorce (e.g., "You are divorced"). Allusive divorce, however, can imply divorce or something else (e.g., "Go to your family"). Allusive divorce does not take effect unless there is an intention to divorce, even in cases of dispute, anger, or when answering the wife's question, because an allusive statement can be made without the intention of divorce. Since the inquirer avoided the explicit لفظ (word/utterance), was not aware of the allusive nature, and did not intend divorce, his divorce does not take effect. One must be cautious of obsessive thoughts regarding divorce and cure them by disregarding them and remembering Allah.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
11528
Imported
Translation status
Source text, unreviewed
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