Does speech not resembling divorce or indicating separation constitute divorce through explicit or implicit pronouncement?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Utterances that do not resemble divorce and do not indicate separation, such as saying 'Sit,' 'Stand,' 'Eat,' 'Drink,' 'Approach,' 'Feed me,' 'Give me to drink,' 'May Allah bless you,' 'May Allah forgive you,' or 'How excellent you are,' do not constitute divorce, even if divorce is intended. This is because the wording does not carry the potential meaning of divorce. If divorce occurred through such words based only on intention, it would mean divorce occurs merely by intention, which has been ruled against. This view is held by Abu Hanifa.
Supporting text
Some followers of Al-Shafi'i hold a differing view regarding the command forms like 'Eat' and 'Drink,' considering them implicit terms (kinayah) for divorce. They argue these words can imply 'Eat the pain of divorce' or 'Drink the cup of separation,' thus effecting a divorce, similar to the words 'Taste' or 'Sip painfully.' Furthermore, the evidence for this position is derived from the contrast with the usage of 'Taste' (Dhuq) and 'Sip Painfully' (Tajarra'), which are utilized in contexts of adversity, referencing Quran 44:49, 8:50, and 54:48 for 'Taste,' and Quran 14:17 for 'Sip painfully,' suggesting that words associated with negative experiences carry divorced meaning, unlike commands for neutral or positive actions.