Can the wife execute the divorce using an implicit expression (kinayah) when authorized by the explicit command 'Divorce yourself'?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 2

Open in Qurani

Primary text

The wife may execute the divorce using explicit language (lahz sarīh) or implicit language (kinayah) accompanied by the necessary intention (niyyah). If she executes it, the divorce occurs just as if she used the explicit term. This is because the delegation was for the act of divorce itself, and the method of execution does not need to mirror the language of the command, similar to a case where one delegates the sale of a property using an order, and the agent completes it using a phrase of ownership transfer.

Supporting text

Some Shafi'i scholars argue that she cannot execute it using implicit language because the husband delegated the divorce using an explicit term, meaning she should only execute it with an explicit term.