Wordings of Divorce

The wordings of divorce are divided into two categories: **1. Explicit Wordings (Sarih):** These are the words designated for divorce that do not bear any other meaning. They are the word "talaq" (divorce) and its derivatives: - Past tense: "I divorced you" (tallaqtuki) - Active participle: "You are divorced" (anti taliq) - Passive participle: "You are a divorced woman" (anti mutallaqah) These words indicate the occurrence of divorce, unlike the present tense or imperative, such as: "you will be divorced" or "be divorced." **2. Implicit Wordings (Kinayah):** These are words that could mean divorce or something else, such as saying to his wife: - "You are free" (khaliyyah) - "You are released" (bariyyah) - "You are irrevocably separated" (ba'in) - "Your rope is on your shoulder" (habluki 'ala gharibiki) - "Go to your family" (ilhaqi bi-ahlik) And similar expressions. --- **The Difference:** The difference between explicit and implicit wordings is: **Explicit:** Divorce occurs by it even if he didn't intend it, whether he was serious, joking, or playing. - **Evidence:** The Prophet ﷺ said: "Three things are serious whether in earnest or jest: marriage, divorce, and taking back" [Abu Dawud, Tirmidhi, Ibn Majah - hasan] **Implicit:** Divorce does not occur by it except if he intended it with intention accompanying his utterance, because these words could mean divorce or something else, so it only takes effect with intention - unless there is evidence indicating he intended it, in which case his claim is not accepted.