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The question

Does an allusive divorce, using phrases such as "I don't want you" or "Go to your family," take effect if repeated more than three times, even without a clear intention of explicit divorce? And is the husband's knowledge that these phrases might constitute a divorce a prerequisite for taking divorce proceedings?

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

Divorce does not occur through explicit pronouncements alone; it can also occur through allusive expressions (kinayah), which are any words that indicate separation. However, divorce does not occur through allusive expressions unless there is an intention to dissolve the marital bond. Explicit pronouncements cause divorce to occur without the need for an intention, while allusive expressions do not cause divorce unless one intends it. Divorce does not occur through an allusive expression (kinayah) unless it is confirmed that the intention coincided with the pronouncement. Therefore, if someone doubts whether they intended divorce or not, nothing is required of them, because the original state is the continuation of the marital bond until certainty of its termination is achieved.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
106610
Imported
Translation status
Source text, unreviewed
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