If someone were to ask: Is it preferable for the woman to take him to court so that she may be divorced, or to believe him and thus not be divorced? This requires further detail. If the husband is one who fears Allah, the Exalted, and we know him to be truthful in saying that he meant “released from a tether,” then it is forbidden for her to take him to court, because she believes that he did not divorce her and that he is telling the truth. But if the man does not fear Allah, the Exalted, and is negligent, then she must take him to court. If she is uncertain about the matter, then it is preferable that she not take him to court, because the basic presumption is that the marriage remains intact.

His statement, “or refers to a previous marriage of his or of someone else,” means that he says: “Yes, I meant, ‘You are divorced,’ but in the previous marriage”—that is, he intended it as a report, not as a declaration initiating divorce. If she had never previously been married, his statement is not accepted. And if he himself had previously married her and then divorced her, his statement is not accepted judicially if she brings a case against him, because what he claims is contrary to the apparent meaning; for the apparent meaning is that he intended that she is divorced now.

His statement, “or intends ‘pure’ but misspeaks, his claim is not accepted judicially,” means that if he says: “I intended ‘pure’ but misspoke,” such that he said, “You are divorced,” and then says, “I meant, ‘You are pure,’ but my tongue slipped”—is his claim accepted or not? Judicially, it is not accepted; but in the matter between him and Allah, it is accepted.

His statement, “If he is asked, ‘Have you divorced your wife?’ and replies, ‘Yes,’ it takes effect,” is because the meaning of “yes” is: “I have divorced her,” just as Anas, may Allah be pleased with him, was asked: “Did the Prophet, may Allah’s peace and blessings be upon him—