takes effect when the condition upon which it was intended to take effect is fulfilled, not upon an actual breach of an oath. What counts is his intention and purpose, not his supposition and belief: it is upon the former that rulings are based. As the Prophet, peace and blessings be upon him, said:

“Actions are judged only by intentions, and each person will have only what he intended.”

The early generations—the Companions and those who followed them in righteousness—and the great majority of later scholars among the followers of the four imams and others agree that wording which may signify either divorce or something else constitutes divorce if divorce is intended, but does not constitute divorce if something else is intended. In their view, divorce is not confined to any particular wording. Hence they say that it may take effect through either explicit or indirect wording. Even wording they regard as explicit, such as the word “divorce,” does not effect divorce if it is accompanied by a qualification that gives it a meaning other than divorcing the woman. An example would be saying to her: “You are released from the bonds of imprisonment,” or “from the husband you had before me,” and the like.

If a woman dislikes her husband, she may secure her release from him in return for compensation, as Allah Most High says:

“It is not lawful for you to take back anything you have given them, unless both fear that they cannot keep within the limits set by Allah. If you fear that they cannot keep within the limits set by Allah, there is no blame on either of them concerning what she gives to secure her release. These are the limits set by Allah, so do not transgress them. Whoever transgresses the limits set by Allah—it is they who are the wrongdoers.”

This release in return for compensation effects an irrevocable separation, so he may not marry her afterward without her consent. It is unlike an ordinary divorce, which is revocable: he may take her back during the waiting period without her consent. However, scholars disagree about this compensated release: does it constitute one irrevocable divorce counted among the three, or