the word talaq (divorce) in the sense of an active participle—that is, “You are divorced”; or we may understand an omitted possessive term, meaning, “You are one subject to divorce.”

When an agent is described by a verbal noun, there are three possible explanations: either it is a hyperbolic description; or the verbal noun is being used in the sense of an active participle; or an omitted possessive term is understood. This is as in Allah’s saying: “But righteousness is [in] one who believes in Allah” [al-Baqarah: 177].

His statement, “and its derivatives,” includes such expressions as, “You are divorced,” “I have divorced you,” or “You are a divorced woman.” The author excluded certain derivatives, saying:

“Except for the imperative, the imperfect verb, and the feminine active participle.” Thus, “except for the imperative” includes such expressions as, “Divorce yourself,” or, “Get divorced.” This is not an expression by which divorce takes effect.

His statement, “and the imperfect verb,” refers to such an expression as, “You will be divorced.” Divorce does not take effect thereby, because it is merely a statement that she will be divorced in the future, whereas divorce lies in the husband’s hand. If, however, he intends it to refer to the present, she is divorced, since the imperfect verb may properly refer either to the present or the future.

His statement, “and the feminine active participle,” means that if he says, “a woman who divorces” in the active-participle form, divorce does not take effect. But if he says, “a divorced woman” in the passive-participle form, it applies to her and the divorce takes effect.

His statement, “then divorce takes effect by it,” means that divorce takes effect through an explicit expression. However, we have previously noted that it is valid only when issued by a husband or his agent, and that the one issuing it must be legally accountable, or a discerning minor who understands it. Thus, when divorce is issued by one qualified to issue it, it takes effect through an explicit expression.

His statement, “even if he did not intend it,” means: even if he did not intend divorce. For example, if a man says to his wife, “You are divorced,” without intending anything at all, and without intending divorce, while knowing that the meaning of “You are divorced” is, “I have separated from you,” then divorce takes effect by it,