Do ambiguous divorce terms take effect without explicit intention?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The apparent position of Ahmad and Al-Kharqi suggests that divorce occurs through these ambiguous terms even without intention, similar to the view of Malik, because these terms are commonly used for divorce and thus do not require specific intent like explicit terms.
Supporting text
The contrasting implication from Al-Kharqi's statement is that they do not occur unless there is intention, based on his conditional statement that explicit terms are effective whether intended or not, implying that non-explicit terms require intention, as they are ambiguous terms whose ruling is not established without intent, like all other ambiguous expressions.