The Difference Between Explicit and Implicit Divorce and the Intention
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Question:
Honorable Shaykh, may Allah grant you success. He says: Is it the case that an implicit expression of divorce does not result in a divorce unless there is an intention, whereas an explicit expression results in a divorce even without an intention?
Answer:
Yes, indeed. An explicit expression results in a divorce if he utters it; it takes effect even if he says, "I did not intend it." Yes. As for the implicit expression, an intention is necessary; the husband’s intention is necessary. What does he intend by it? Because the implicit expression is ambiguous, whereas the explicit expression admits of nothing other than divorce. Yes.
Honorable Shaykh, may Allah grant you success. He says: Is it the case that an implicit expression of divorce does not result in a divorce unless there is an intention, whereas an explicit expression results in a divorce even without an intention?
Answer:
Yes, indeed. An explicit expression results in a divorce if he utters it; it takes effect even if he says, "I did not intend it." Yes. As for the implicit expression, an intention is necessary; the husband’s intention is necessary. What does he intend by it? Because the implicit expression is ambiguous, whereas the explicit expression admits of nothing other than divorce. Yes.
Source
شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب من علق الطلاق قبل النكاح — islamhouse.com (37:56)
The Arabic text is a machine transcription of the audio recording.