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Intention
itself is not sufficient to divorce
*Please appropriately reference
this fatwa to: www.fatwa-online.com, thankyou!*
Question:
What is the ruling regarding someone who intended to divorce
his wife, and then delayed doing so?
Response:
If a man intended to divorce his wife, then left that and
did not do anything, then (by this) a divorce is not constituted,
as divorce is not constituted by an intention (itself). (This
is) as the Prophet (saw) said:
((Indeed
Allaah overlooks the affairs of my ummah, so long as it has
not done the act or spoken (about it))).
So
long as he did not (verbally) pronounce (the divorce) or write
it, rather just intended doing so, then this constitutes nothing,
and his wife (therefore) remains under his protection, and
no divorce has been constituted until he writes the divorce
or (verbally) pronounces it.
Shaykh
Ibn Baaz
Fataawa at-Talaaq - Question 32, Page 57
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