Is divorce by implied terms dependent on intention or custom?
Machine translationRead the Arabic original
The questioner : Regarding implied terms, why do we refer to custom? If you speak of an implied term in custom that is considered divorce, why do we not make it divorce? We refer to custom, and if it refers to intention?
The Shaykh : We refer to intention.
The questioner : I do not want to return to a game.
The Shaykh : We do not follow custom unless this implied term has become so widespread that it has become a reality, in which case, yes.
The questioner : We have divided it.
The Shaykh : For example, in our custom now, the word "takhliyah" (releasing) is considered explicit. A man says, "I have released my wife," or "So-and-so has released her," or "Poor thing, I released her." You hardly find the word "divorce" among the common people. I do not know if it is like this in Bahrain?
The questioner : In all your life, have you ever heard a man divorce? I have never heard a man in my life divorce.
The Shaykh : I have never heard a man in his life divorce.
The questioner : It does not mean he forgave her verbally.
The Shaykh : We refer to intention.
The questioner : I do not want to return to a game.
The Shaykh : We do not follow custom unless this implied term has become so widespread that it has become a reality, in which case, yes.
The questioner : We have divided it.
The Shaykh : For example, in our custom now, the word "takhliyah" (releasing) is considered explicit. A man says, "I have released my wife," or "So-and-so has released her," or "Poor thing, I released her." You hardly find the word "divorce" among the common people. I do not know if it is like this in Bahrain?
The questioner : In all your life, have you ever heard a man divorce? I have never heard a man in my life divorce.
The Shaykh : I have never heard a man in his life divorce.
The questioner : It does not mean he forgave her verbally.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2107 - 4600 هل الطلاق بألفاظ الكناية ترجع إلى النية أم العرف؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.