Is the statement 'You are to me like the back of my mother' (Anta 'alayya ka-dhahri ummi) a valid divorce if the husband intended divorce by it?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a husband states, "You are to me like the back of my mother" (Anta 'alayya ka-dhahri ummi) and intends divorce by it, the statement does not constitute divorce. This phrasing is explicit for Zihar (a form of ritualistic separation) and thus cannot function as an implicit reference (kinayah) for divorce, just as divorce cannot be an implicit reference for Zihar. Furthermore, Zihar entails a permanent prohibition of intimacy, whereas divorce results in a temporary prohibition, meaning the implicit reference of one cannot substitute for the other.