The ruling on the husband saying, "I am irrevocably separated (ba'in) from you" or "I am free (bari') from you."

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

Ahmad suspended judgment on this matter, leading to two derived possibilities according to Abu 'Abdillah Ibn Hamid. The first view is that no divorce occurs because the husband is not the subject upon which divorce can be pronounced by adding its explicit form, so it likewise does not occur with its allusion. The second view holds that it occurs because the terms of final separation (baynunah) and being free (bara'ah) can be attributed to either spouse, evidenced by usage such as "he separated from her" and "she separated from him," and the Quranic references regarding separation (Quran 4:130 and Quran 2:102).

Supporting text

If the husband says, "I am ba'in" without saying "from you," the ruling on the wife saying, when delegated authority, "You are ba'in" without saying "from me," is that divorce does not occur unanimously. If the wife says, "I am ba'in" and intends divorce, it occurs. If she says, "You are ba'in from me," the ruling follows the two possibilities established for the husband's statement.