No divorce takes effect through an allusive expression—even an evident one—unless the intention accompanies the utterance, except in the event of a dispute, anger, or in answer to her request, ....................
His statement, “No divorce takes effect through an allusive expression—even an evident one—unless there is an intention”: Praise be to Allah; this is a blessing. None of these expressions results in divorce unless it is accompanied by an intention—for example, he intends by saying, “You are free,” that she is divorced; or by saying, “Leave,” that is, leave my house, for you are no longer my wife.
His statement, “accompanying the utterance”: the intention may precede the utterance by a long period, come after it, accompany it, or precede it by a short time. If it preceded it—for example, he intended yesterday to divorce her, but today he said to her, “Leave,” while that intention had slipped his mind—then she is not divorced. Rather, the intention must accompany the utterance or precede it closely. If he says, “Go,” “Leave,” “Keep away from me,” or something similar, and then forms the intention of divorce, no divorce takes effect, because he did not intend divorce when he uttered those words. The author says: “unless the intention accompanies the utterance.”
If he intends to divorce without uttering anything, no divorce takes effect. Even if he speaks to himself, without uttering anything, that she is divorced, she is not divorced.
Thus, the intention may precede [the words] by a long time, precede them by a short time, accompany them, or come after them: these are four categories. If it precedes them by a long time, no divorce takes effect; if it comes after them, even by a short time, no divorce takes effect; but if it precedes them by a short time or accompanies the utterance, divorce takes effect.
His statement, “except in the event of a dispute, anger, or in answer to her request”: these are three situations in which divorce takes effect through an allusive expression without an intention.
Thus, “a dispute” means a dispute with his wife. If he says, “Go to your family,” divorce takes effect even if he did not intend it, because there is an indication that he meant to separate from her.