What is the legal consequence of hidden (subtle) divorce euphemisms?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Hidden euphemisms, such as 'Go out' (Ukhruji), 'Leave' (Idhhabi), 'Taste' (Dhuqi), 'Sip' (Tajarra'i), 'You are set free' (Anti mukhallah), 'Choose' (Ikhtari), and 'I gift you to your family' (Wahabtuki li ahli ki), result in three divorces if the husband intends three, two if he intends two, and one if he intends one or speaks without intention. Ahmad stated that what is apparent in the divorce is what takes effect, and what is intended regarding the divorce is what takes effect, as exemplified by 'Your rope is on your neck,' which takes the count intended by the speaker (one, two, or three). This principle—that these euphemisms revert to the speaker's intention—is also the position of Shafi'i.
Supporting text
Abu Hanifa holds that two pronouncements do not occur; if two were intended, only one takes effect. If a husband states, 'You are one' (Anti wahidah), it is a hidden euphemism, but only one divorce occurs, even if he intended three, because the phrasing inherently does not support more than one. If he says, 'May Allah enrich you' (Aghnaki Allah), it is a hidden euphemism that can imply divorce based on the Quranic verse regarding separation leading to enrichment.