Explicit and Implicit Phrases of Divorce
Machine translationRead the Arabic original
Question:
He says: Shaykh, is the phrase for divorce a single expression, or are there expressions recognized in Islamic law?
Answer:
There is explicit divorce and implicit divorce. For the explicit phrase, intention is not required. It is the word "divorce" and its derivatives, such as "you are divorced," "I have divorced you," "my divorce is upon you," and the like. The explicit phrase and its derivatives do not accept any meaning other than separation. Even if he claims that he did not intend it, that claim is not accepted from him. As for the implicit phrase, it is a word that may mean divorce and may mean something else, such as "I have released you," "go to your family," and the like. This requires the intention of divorce because it carries multiple meanings, and his intended meaning of this phrase is not known except through his own explanation.
He says: Shaykh, is the phrase for divorce a single expression, or are there expressions recognized in Islamic law?
Answer:
There is explicit divorce and implicit divorce. For the explicit phrase, intention is not required. It is the word "divorce" and its derivatives, such as "you are divorced," "I have divorced you," "my divorce is upon you," and the like. The explicit phrase and its derivatives do not accept any meaning other than separation. Even if he claims that he did not intend it, that claim is not accepted from him. As for the implicit phrase, it is a word that may mean divorce and may mean something else, such as "I have released you," "go to your family," and the like. This requires the intention of divorce because it carries multiple meanings, and his intended meaning of this phrase is not known except through his own explanation.
Source
نور على الدرب - الفوزان - 03/180 — archive.org (7:12)
The Arabic text is a machine transcription of the audio recording.