The ruling on one who pronounces divorce with explicit wording, and one who intends divorce by using an implicit expression
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The questioner:
For it is divorce by wording other than divorce. In the desert, there is much that is said, such as, “It is haram (forbidden) that you do so.”
The Shaykh:
Divorce is of two types: explicit, which takes effect, and implicit, which does not take effect unless with the intention of divorce, such as “Go, veil yourself, return to your family,” and the like. These are called implicit expressions. If accompanied by the intention of divorce, it becomes divorce; otherwise, it is not divorce. As for the explicit wording of divorce, it does not require intention; if it comes from a sane person, it takes effect.
The questioner:
So if he says to someone, “It is obligatory for you to have lunch with me; it is haram (forbidden) that you do not have lunch at my place.”
The Shaykh:
This is an oath.
The questioner:
A note.
The Shaykh:
This is an oath. This falls under the category of oaths. If he intends divorce by it, it becomes divorce, subject to the details regarding that. Is his intention only to compel, or is his intention to effectuate the divorce? This must be clarified, and he has not clarified it. Yes.
For it is divorce by wording other than divorce. In the desert, there is much that is said, such as, “It is haram (forbidden) that you do so.”
The Shaykh:
Divorce is of two types: explicit, which takes effect, and implicit, which does not take effect unless with the intention of divorce, such as “Go, veil yourself, return to your family,” and the like. These are called implicit expressions. If accompanied by the intention of divorce, it becomes divorce; otherwise, it is not divorce. As for the explicit wording of divorce, it does not require intention; if it comes from a sane person, it takes effect.
The questioner:
So if he says to someone, “It is obligatory for you to have lunch with me; it is haram (forbidden) that you do not have lunch at my place.”
The Shaykh:
This is an oath.
The questioner:
A note.
The Shaykh:
This is an oath. This falls under the category of oaths. If he intends divorce by it, it becomes divorce, subject to the details regarding that. Is his intention only to compel, or is his intention to effectuate the divorce? This must be clarified, and he has not clarified it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 5488- حكم من طلق بلفظ صريح، ومن نوى الطلاق كناية بلفظ آخر - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.