Explicit Divorce, Divorce by Implication, and Zihar.

The questioner : Shaykh, what are the news about your book *The Muslim Woman's Veil*? We are waiting for the new edition.

The Shaykh : So wait, we are waiting with you.

The questioner : Zihar, even if he did not intend zihar regarding his wife.

The Shaykh : Zihar.

The questioner : Zihar, even if it did not occur to him that it was not zihar upon him.

The Shaykh : No, here...

The questioner : Even if he did not intend...

The Shaykh : Here there are apparent matters in which intention is not accepted if it contradicts the apparent meaning. That is because zihar... is not like divorce. Explicit divorce and divorce by implication: in explicit divorce, intention is not considered; it takes effect. In divorce by implication, the questioner is asked, "What did you intend?" If he intended divorce, it takes effect; if he did not intend divorce, it does not take effect. For example, if he says, "Go, you are divorced," and is asked, "What did you intend?" and he says, "By Allah, I intended to frighten her," no, that is explicit divorce. Divorce by implication is the non-explicit type in which intention is considered and the divorcer is judged by his intent. For example, if he says, "Go, I no longer want you..." He says, "She left after a few days, and the father of the daughter, the father of the wife, comes to ask, 'Brother, you said to her such and such.' He says, 'But I did not intend divorce.' The guardian does not have the right to prevent her from him, unlike if he had said to her, 'Go, you are divorced,' and she left, escaped from him, and ended up with someone who does not require witnessing. Yes.

The questioner : Shaykh, the one who says, for example, regarding the houris... We are waiting. As for zihar, as soon as he utters the word "mother" with the phrase "mother."

The Shaykh : That is it, this is its expiation, the major expiation. Yes.

The questioner : Okay, we ask again: if he intends to bind himself to something or prevent her from doing something.

The Shaykh : That is the meaning. Here, intention and intent are not considered. If he says, "You are to me like the back of my mother," or something that leads to this meaning, and his intent is to prevent her from something or prevent himself from something, this is not considered.

The questioner : I mean, is it analogous? No, the matter of zihar is not analogous to divorce in such a case.

The Shaykh : No

The questioner : Zihar takes effect, and divorce does not take effect.

The Shaykh : Explicit divorce takes effect; divorce by implication depends on intention. So explicit divorce is like zihar.

The questioner : Okay, it is treated the same way.

The Shaykh : What is treated?

The questioner : Explicit zihar: is it treated the same as explicit divorce in the case where he wants to prevent himself from doing something, like clarifying...

The Shaykh : Explicit divorce: if he intends to prevent himself from something, that is not considered. That is in divorce by implication.

The questioner : Like the man in the incident when he said to her, "If I mean, you are divorced."

The Shaykh : This, my brother, is divorce conditional upon a condition.

The questioner : And zihar conditional upon a condition.

The Shaykh : Where? How?

The questioner : For example, one says to his wife, "You are to me like the back of my mother if you leave this house."

The Shaykh : Yes, that is correct.

The questioner : Or if you go to your brother and you went.

The Shaykh : Good.

The questioner : You want to defy him.

The Shaykh : Yes.

The questioner : In this case.

The Shaykh : You are now feeling that you are progressing and developing in presenting the question. At first, it was zihar in general; now it has become zihar conditional upon a condition.

The questioner : I want to elaborate on this.

The Shaykh : Yes, but you wanted to, and you did not clarify until we told you, "Brother, there is explicit divorce and there is divorce by implication. In explicit divorce, intention is not accepted." We said, like our brother, we told you our brother was discussing divorce conditional upon a condition. And this divorce conditional upon a condition, here, we look at what was intended by this condition. So finally, you said, "Also, now you are to me like the back of my mother if you leave and enter your neighbor's house, for example." Here, this intention is considered if that is the case. But if it is without a condition, like divorce without a condition.