Does stating 'This is your divorce' immediately after slapping the wife result in divorce without intention?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
When a husband slaps his wife and says, 'This is your divorce,' the sound opinion is that this statement is an implication (kinayah). It requires intention for divorce to occur. It is not considered explicit because it requires interpretation, such as an implied meaning like 'I have made slapping you the reason for your divorce' or 'I have suspended divorce upon this act.' Since it is not established for divorce, nor used customarily or legally for divorce, it falls under the category of implications, similar to other ambiguous statements.
Supporting text
Ibn Hamid asserts that divorce occurs even without intention because the statement is understood as equivalent to 'I have effected divorce upon you, this slap being the reason for it.' Al-Kharqi's view is interpreted to support this, suggesting that intense anger (ghadab) in such a situation can substitute for intention, just as anger substitutes for intention in the phrase 'You are free' (anti hurrah). Another interpretation is that the slap serves as a circumstantial clue (qarinah) standing in for intention.