Does divorce occur when using ambiguous terms (kinayah) during the request for divorce?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The ruling regarding the use of an ambiguous term during a request for divorce is the same as when it is used in anger, subject to the prevailing difference of opinion and detail. The explicit position transmitted from Ahmad is that he is not believed concerning the lack of intention when he claims non-intention in such a situation, especially if divorce was requested. However, if there was preceding anger, a distinction must be made between whether the ambiguous term was an answer to the request or occurred during anger. The reply is directed towards the question; just as answering affirmatively to a debt inquiry confirms the debt, explaining it otherwise is not accepted. If the ambiguous term was intended to mean something other than divorce during anger or a request for divorce, no divorce occurs, as the explicit term would not have caused it.
Supporting text
The ظاهر (apparent meaning) of Ahmad's view, in one narration, suggests he is believed if the ambiguity occurred during anger but not if it was an answer to a divorce request. In another narration, he suggests acceptance of the man's statement if he uses terms like "you are set free" (khaliyyah), "innocent" (bari'ah), or "irrevocably divorced" (ba'in) without any prior mention of divorce or anger.