Chapter: The Verbal Forms of Divorce

Divorce may be pronounced with either explicit wording or with implicit allusion. The explicit forms are the very terms employed by the Qur’an itself: talaq (divorce), sarah (release), and firaq (separation). Allah, Exalted is He, says, “So divorce them during their waiting period” (65:1); He also says, “Retain them honorably, or release them honorably” (2:231); and He says, “Or part with them honorably” (33:49).

There is unanimous agreement that when a man tells his wife, “I have divorced you,” this counts as an explicit divorce, whether or not the marriage has been consummated. The reports from Mālik differ, however, concerning a man who says to his wife, “I have separated from you,” or, “I have released you,” as will be discussed after this chapter, if Allah wills.

If a man says to his wife, “You are divorced,” it is deemed a single pronouncement unless he intends more. Should he intend by that statement two or three pronouncements, he is bound by what he intended; but if he intends nothing beyond the single utterance, it is one revocable divorce over which he still holds the right of return.

Should he say, “You are divorced,” and then claim, “I only meant to speak of untying a bond,” his claim is not accepted and the divorce becomes binding, unless there is external proof that corroborates his truthfulness. And whoever says, “You are divorced—”