Does an allusive divorce occur if the husband says to his pregnant wife: "I don't want you, go to your family's house," and the intention of divorce was in his mind before the wife asked for her divorce papers, then he said to her: "Yes" when she asked for her papers, knowing that he did not explicitly utter the word divorce in this situation, and the spouses discussed the details of the 'iddah (waiting period) and where it would be spent?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
A man's statement to his wife, "Go to your family," is an
allusion to divorce. The occurrence of divorce through allusion is conditioned upon the
intention to effect divorce, and not merely the intention of its meaning. As long as
the husband did not intend to effect divorce with the allusion, no divorce
occurs thereby.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 136748
- Imported
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- Source text, unreviewed
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