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The question

Does divorce by allusion occur if the husband is unaware that divorce occurs thereby, bearing in mind that he does not recall his intention when he uttered it and he intended to scare his wife, not divorce?

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

Divorce by innuendo, accompanied by a sincere intention, takes effect. Previously, the rule for innuendo was defined as any utterance indicating separation and conveying the meaning of divorce.

However, a marriage is not dissolved except by certainty. Mere utterance of an innuendo, coupled with doubt about the intention to effect a divorce, does not necessitate its occurrence.

As for a person suffering from obsessive doubts (waswas), their divorce does not take effect at all. They should live with their wife normally and beware of succumbing to these obsessive thoughts, treating them by ignoring them.

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Ftawy
Original fatwa ID
129182
Imported
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Source text, unreviewed
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