Is divorce finalized by ambiguous phrasing without intention?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Divorce does not occur by ambiguous phrasing (kinayah) unless there is an intention (*niyyah*) or evidence of current circumstance (*dalalat hal*). When intention is required, it must accompany the utterance. If the intention is present at the beginning of the utterance and absent afterward, the divorce is confirmed. The requirement for intention is satisfied if it exists at the start, similar to prayer and other acts of worship. If one utters the ambiguous phrase without intending divorce and later forms the intention, the divorce is not finalized, akin to intending ritual purity after completing the washing.
Supporting text
Malik holds that evident ambiguous phrases (kinayat zahirah), such as saying, 'You are irrevocably separated' (*anti ba'in*), 'absolute separation' (*bitah*), or 'forbidden' (*haram*), effect divorce without requiring intention because they are commonly understood to mean divorce. Al-Qadi states this is the apparent position of Ahmad and Al-Khiraqi, as these terms are customary for divorce, making them like explicit statements. Some Shafi'is hold that if one says, 'You are irrevocably separated' (*anti ba'in*) with the intention to divorce, but the intention is absent when uttering 'You are irrevocably separated' (*anti ba'in*), the divorce is not finalized, as the portion lacking intention is ineffective.