Is divorce effected by using the terms 'Faraqtuk' (I have separated you) or 'Sarrahtuk' (I have set you free) without explicit intention?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the husband says, 'Faraqtuk' or 'Sarrahtuk,' those who hold these words to be explicit will effect the divorce without intention. Those who do not hold them to be explicit will only effect the divorce if the husband intends it with these specific words.

Supporting text

The evidence supporting the view that 'Firaq' and 'Sarāh' are explicit is that these terms are mentioned in the Quran in the context of spousal separation, similar to the term 'Talaq' (referencing Quran 2:229, 2:231, 4:130, and 33:28).