Is the statement 'You are to me like carrion and blood' a divorce if the husband intends divorce?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband states, 'You are to me like carrion and blood' (Anta 'alayya kal-maytata wad-dam) and intends divorce, it results in a divorce. This is because the phrase is capable of being an implicit statement of divorce (kinayah). If the intention for divorce accompanies the statement, the divorce takes effect based on what the husband intended regarding the number of divorces. If no number is specified, a single divorce occurs, as this is characteristic of obscure implicit statements.
Supporting text
If the husband intends an act of *Zihar* (prohibition of intimacy while maintaining marriage), the statement might constitute *Zihar*, similar to saying, 'You are forbidden to me' ('Anta 'alayya haram'). Alternatively, it may not constitute *Zihar*, similar to saying, 'You are to me like the back of a beast or my mother's back.' If the husband intends an oath, meaning he intends to abstain from intercourse without intending prohibition or divorce, it stands as an oath. If no specific intention is made, it is not a divorce because the statement is not explicit for divorce, nor was divorce intended. There are two views on whether it constitutes *Zihar* or an oath: one view holds it is *Zihar* because comparing her to carrion and blood implies the prohibition associated with them, referencing the verse {Forbidden to you are the dead animal and blood} [Quran 5:3]. The second view holds it is an oath, based on the principle of preserving innocence (*bara'at adh-dhimmah*); if an ambiguous statement is made, the lesser ruling (the oath) is established, as it is the certainty, and anything beyond is doubtful and should not be established without certainty. According to Al-Shafi'i, this statement is equivalent to saying, 'You are forbidden to me.'