What is the ruling when a husband says, 'Are you divorced?' (Anta taliqu aw la)?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'Are you divorced?' (Anta taliqu aw la), no divorce occurs because the statement is framed as an inquiry (istifham), thereby removing its quality as a declaration of divorce. This differs from the previous cases where the declaration preceded the qualifier.
Supporting text
An alternative view suggests that one divorce does occur because the pronunciation (lafz) used is that of enactment, not true interrogation, as interrogation usually requires the use of Hamza or similar particles. Thus, the divorce is enacted and is not nullified by what follows it, similar to the preceding issue.