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The question

Does a divorce uttered by the husband unintentionally or without intending it take effect, and what is the wisdom behind legislating verbal divorce?

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

Two conditions are required for a divorce to occur: The first is the intention of uttering the لفظ (word), so it does not occur due to a slip of the tongue unless there is an accompanying indication. The second is the intention of its meaning, which is the dissolution of the marriage contract. This condition is negated if there is an indication that the one uttering the divorce did not intend for it to occur. As for intention (نية), it is required for non-explicit pronouncements. Divorce occurs whether seriously intended or in jest, and there is no such thing in as "verbal divorce." Reconciliation (رجعة) was legislated twice to preserve the family and avoid divorce, while the third (divorce) signifies insistence on separation. Allah Almighty knows best the wisdom behind His legislations.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
80230
Imported
Translation status
Source text, unreviewed
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