Its explicit formula is the very word “divorce” and every derivative of it—apart from the imperative form, the present-tense form, and the active-participle muṭalliq. A divorce pronounced with any of these explicit words takes effect even if he did not intend it, whether he was serious or joking. If, however, he meant by the word ṭāliq to speak of releasing a bond, or of a divorce that occurred in a previous marriage, or he actually wanted to say ṭāhir (pure) but misspoke, the claim is not accepted in court. Should someone be asked, “Did you divorce your wife?” and he replies, “Yes,” the divorce stands. If instead he is asked, “Do you have a wife?” and he says, “No,” intending only to lie, no divorce occurs.
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His indirect expressions (kināyāt) fall into two classes.
- Manifest allusions, such as: “You are released,” “You are absolved,” “You are separated,” “You are finally cut off,” “You are utterly severed,” “You are a free woman,” and “You are in the forbidden.”
- Hidden allusions, such as: “Leave,” “Go away,” “Taste (the consequence),” “Swallow it,” “Begin your waiting-period,” “Seek clearance,” “Separate yourself,” “You are no wife of mine,” “Join your family,” and the like.
No divorce takes effect through a manifest allusion unless it is accompanied by an intention formed at the very moment of utterance—except when the words are spoken in the midst of a quarrel, in anger, or in answer to her direct question. In those situations, if he denies intending divorce or claims to have meant something else, the court does not accept his plea. When intention is present, a manifest allusion counts as three divorces unless he specifically meant only one; with a hidden allusion, whatever number he intended is what takes effect.
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If he says, “You are forbidden to me,” or, “You are to me like my mother’s back,” that is ẓihār (the wife-as-mother analogy), even if he claims he intended divorce by it. The same ruling applies to the statement, “Whatever Allah has made lawful for me is now forbidden.” If he adds, “By that I mean the divorce,” she is divorced three times; but if he says, “By that I mean a divorce,” it is a single divorce.