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Fatwa CenterImplicit words of divorce are ineffective without the intention
Question
I once said to my wife some words that would be considered implicit divorce. My intention wasn't to divorce her but to let her know my displeasure. I had always thought that the words have to explicit for divorce to occur. Later on, I read on IslamQA there is an opinion that even implicit words lead to divorce. The shaykh said the strongest opinion is that it's not a divorce. Later on, I read the same thing on your website and other places. My issue is that when I read a fatwa or know about difference of opinions I always feel like if I don't follow the strictest opinion I'm sinning. Once I read the fatwa on IslamQA I became confused. It's a few years ago but I think when confronted by such difference of opinion as a layman I was interested in following the scholars of Hanbali madhhab. The fatwa even mentioned ibn Qudama that an intention is required; so, I'm not sure why I've been so confused. I don't recall making my mind at all because I must have thought that even if it was a divorce it was only the first one. My wife doesn't recall I told her that she was divorced once nor do I remember telling her such a thing. Then, last year there were two instances when I said implicit words and again remembered the opinion and again became worried. I emailed the local fatwa body in our country asking them if the words would be considered implicit divorce and from their answer I understood that the words would not be implicit words of divorce and I was also told that implicit words require an intention of divorce. In second instance I had told my wife to stay at her house (she was visiting) but as I said these words I thought about the implicit divorce issue and added the words "for a few weeks", just in case! I was trying to get her to stand up to her mother with these warnings so the mother won't interfere in personal matters which are resolved now. My heart feel settled now that it's correct that an intention is required but clarify how many times my wife is divorced.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
As we have explained previously in Fataawa 82248 and 90531, divorce through metaphors for divorce does not become effective without an intention to divorce, whether these metaphors are implicit or explicit in nature, according to the opinion we adopt here in Islamweb.
Accordingly, as long as you did not utter explicit words of divorce nor did you utter metaphors for divorce with intention, then you have not divorced your wife. If you have doubt regarding divorce, then do not pay attention to that doubt because the basic ruling is that the marriage is still valid and this cannot be removed by doubt.
Finally, beware of Waswasah (i.e. insinuating whispers) regarding the matter of divorce or the like because it has evil consequences.
For more benefit, please refer to Fatwa 174821.
Allaah Knows best.
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