Under what conditions might the husband's claim of intending the non-wife be accepted in legal judgment when he said, 'One of you two is divorced'?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 6 · Bab 2

Open in Qurani

Primary text

If there is an external contextual indicator ('qareenah') pointing to his intention of the non-wife, such as using the statement to unjustly avoid an oath or to escape distress, his statement is accepted in court because of the presence of a compelling external evidence directing the meaning away from the wife.