If you intended divorce, then this wording is capable of bearing that intention, because a divorced woman is unlawful to her husband. Even if the divorce is revocable, she is not like wives [whose marriages remain intact]. Thus, if you intended divorce by this expression—which is suitable for separation—it constitutes a divorce, due to the Prophet’s saying, peace and blessings be upon him: “Actions are only by intentions, and every person shall have only what he intended.” (1)
If he says, “I intended zihār by it”—that is, I meant by it, “You are forbidden to me as my mother is forbidden to me”—we say: it is zihār, because the wording is unrestricted and the intention qualified it. The Prophet, peace and blessings be upon him, said: “Actions are only by intentions, and every person shall have only what he intended.”
If he says, “I said, ‘You are forbidden to me,’ but I did not intend divorce, zihār, or an oath,” then it is treated as an oath, because this is what the unrestricted wording entails. When stated without qualification, it is an oath.
Thus, one who says to his wife, “You are forbidden to me,” falls into one of four cases:
First: that he intends zihār.
Second: that he intends divorce.
Third: that he intends an oath.
Fourth: that he intends nothing.
If he intends zihār, then it is zihār; if divorce, then it is divorce; and if an oath, then it is an oath. The basis for us is the Prophet’s saying, peace and blessings be upon him: “Actions are only by intentions, and every person shall have only what he intended.”
If he intends nothing, it becomes an oath. The evidence is Allah’s saying: “O Prophet,