What is the ruling on a man who said, “My wife is divorced like the back of my mother”?
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The questioner : A man was asked to divorce his wife, and a quarrel broke out between him and his sister. He did not divorce her, but he said an incoherent phrase: “She is divorced like the back of my mother. She is divorced like the back of my mother.”
The Shaykh : Of course, this is zihar, and the major expiation is required of him. The fact that the phrase is not eloquent Arabic is not important; otherwise, how could one pass judgment on non-Arabs who do not speak Arabic well? What matters is the meaning, whether the speaker is an Arab speaking colloquial Arabic, not eloquent Arabic, or a non-Arab. We look at the meaning he uttered and intended. In particular, the question explicitly states that he said “like the back of my mother,” which is an eloquent Arabic expression. However, the first word, “divorce me” (tatlqi), as I mentioned, is weak in terms of expression. This is not considered; rather, the meaning he intended is considered, and the meaning is very clear that he intended zihar. Yes, please proceed.
The Shaykh : Of course, this is zihar, and the major expiation is required of him. The fact that the phrase is not eloquent Arabic is not important; otherwise, how could one pass judgment on non-Arabs who do not speak Arabic well? What matters is the meaning, whether the speaker is an Arab speaking colloquial Arabic, not eloquent Arabic, or a non-Arab. We look at the meaning he uttered and intended. In particular, the question explicitly states that he said “like the back of my mother,” which is an eloquent Arabic expression. However, the first word, “divorce me” (tatlqi), as I mentioned, is weak in terms of expression. This is not considered; rather, the meaning he intended is considered, and the meaning is very clear that he intended zihar. Yes, please proceed.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
