What is the ruling when one states 'I have divorced her' while intending falsehood?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a person states, 'I have divorced her' (*qad talaltuha*), but intends this as a lie, the divorce is still finalized. This is contrasted with stating, 'I have no wife' (*ma li imra'ah*); if this statement is made with the intent of lying, no divorce occurs because 'I have no wife' is an ambiguous phrase requiring the intention of divorce, and the intent to lie negates the intent to divorce. If, however, the utterance is the explicit phrase 'I have divorced her' (*talaltuha*) and the speaker intends falsehood, the divorce occurs because the explicit phrasing finalizes the divorce without the need for intention.
Supporting text
Abu Yusuf and Muhammad state that stating, 'I have separated her' (*khalaytuha*) or 'I have made her irrevocably separate' (*abantaha*) does not result in divorce without intention because it is a declaration, not an act of divorce. They argue this situation is akin to a false report rather than an effectual statement. Conversely, Al-Zuhri, Malik, Hammad ibn Abi Sulayman, Abu Hanifah, and Al-Shafi'i hold that divorce is effected in such a case, arguing that the statement is susceptible to the interpretation of divorce, as divorcing her results in her not being his wife, resembling the explicit phrase 'You are irrevocably separated' (*anti ba'in*).