What constitutes an implicit (kinayah) phrase for Khul'?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

Phrases other than the three explicit ones, such as 'Bara'tuki' (I acquit you) or 'Abantuki' (I separate you), are considered implicit (kinayah). This classification holds because Khul' is one of the two types of separation (farqah), similar to Talaq (divorce), which necessarily has both explicit and implicit forms. Therefore, the implicit phrase requires a specific intention (niyyah) from the person uttering it for the Khul' to be effective, analogous to the rules governing implicit phrases in Talaq.

Supporting text

This view aligns with the position of Al-Shafi'i, although he has two different opinions regarding the phrase 'Fasakh' (annulment).