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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Divorce does not take effect by intention alone without verbal expression

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Question:
Our brother asks and says: I was in one of the sister countries, and I intended to divorce my wife without any reason, and in my intention I was to marry a second woman. After I returned to the country, I did not divorce her. Did my wife become divorced by intention, or not? May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
To proceed: Intention alone does not effect a divorce, based on the saying of the Prophet (peace and blessings be upon him) in the hadith:
Allah, the Most High, has forgiven my followers what they contemplate on within themselves (i.e. evil thoughts) as long as they do not act upon or speak about them.الصحيح إن الله تجاوز عن أمتي ما حدثت به أنفسها ما لم تعمل أو تكلم،
Bulugh al-Maram 8:133
Therefore, intention alone does not effect a divorce or the freeing of a slave, nor does it effect other rulings regarding contracts. There must be a verbal expression. This is part of the mercy and facilitation of Allah (Exalted and Majestic is He), for hearts are subject to fleeting thoughts, whispers, and intentions. One is not held accountable for these fleeting thoughts and intentions regarding divorce, contracts, freeing a slave, or the like, until one speaks or acts, such as writing a divorce or writing the freeing of a slave. Yes.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 9917 - لا يقع الطلاق بالنية دون التلفظ - نور على الدرب — youtube.com

The Arabic text is a machine transcription of the audio recording.

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