Section
(On the wording of divorce)
- Explicit expressions: the word “divorce” itself, any of its conjugated forms other than the imperative or present tense, and the active-participle form “muṭalliqa” (divorcee). Uttering any of these constitutes a divorce even when said in jest; a plea that one merely meant to “set her free from a bond” or to “dissolve a previous marriage” is not accepted in court.
If someone asks him, “Did you divorce your wife?” and he replies, “Yes, she is divorced,” and then he is asked, “Do you still have a wife?” and he answers, “No,” intending to lie, the divorce does not take effect.
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Manifest allusive phrases include: “You are relieved,” “You are released,” “You are separated,” “You are decisively divorced,” “You are irrevocably divorced,” “You are free,” and “You are forbidden to me.”
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Hidden allusions include: “Leave,” “Go,” “Taste it,” “Drink it down,” “Observe your waiting period,” “Clear your womb,” and “Stay away” (1); as well as “You are no longer my wife,” “Return to your family,” and the like. When he intends divorce by such wording, the manifest allusions count as three divorces (2) and the hidden ones as a single divorce. Without that intention they are ineffective—except when the words are spoken in anger, during a quarrel, or in response to her request (3).
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The statement “You are unlawful to me” constitutes ẓihār even if he meant divorce, and the same ruling applies to “What Allah has made lawful for me is forbidden to me.” Should he say, “like carrion and blood,” whichever of divorce, ẓihār, or an oath he intended becomes binding; if he intended nothing, it is treated as ẓihār.