Uttering the words of divorce without intention or desire
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The third question of the fatwa number ( 5211 )
Q3: If a person utters the words of divorce but without any intention or desire, and sometimes only in his mind, does the divorce take effect? I repeat that it is without intention, especially since he has children, but he is like one who is coerced or afflicted by this, and he sometimes doubts whether he actually uttered the words or not. He exhausts himself trying to remember what came from him, but to no avail. What is the ruling?
A3: Divorce does not take effect by intention and internal thought without utterance or
writing; based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 5269 It is agreed upon that it is authentic. Likewise, for divorce to take effect, it must be established that it came from him either verbally or in writing. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: If a person utters the words of divorce but without any intention or desire, and sometimes only in his mind, does the divorce take effect? I repeat that it is without intention, especially since he has children, but he is like one who is coerced or afflicted by this, and he sometimes doubts whether he actually uttered the words or not. He exhausts himself trying to remember what came from him, but to no avail. What is the ruling?
A3: Divorce does not take effect by intention and internal thought without utterance or
writing; based on the saying of the Prophet (peace and blessings be upon him):
Allah has overlooked my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered.
إن الله تجاوز لي عن أمتي ما حدثت به أنفسها ما لم تعمل أو تتكلم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.