What is the implication if a man states, 'I have separated from these' or 'I have chosen separation from these'?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the man does not intend divorce by saying, 'I have separated from these' (qad faraqtu ha'ula'i), it constitutes a selection for wives other than those mentioned. This is based on the Prophet's command to Ghaylan: 'Choose four of them, and separate from the rest.' This implies that the word of separation (firaq) must be explicit regarding separation (i.e., the dissolution of marriage, or Faskh), just as the word divorce (talaq) is explicit for divorce. Similarly, in the narration of Firuz al-Daylami, where he said, 'I proceeded to the one with the longest companionship and separated from her.' This specific context necessitates that the term be specialized for dissolution (Faskh). However, if he intends divorce by that phrase, it constitutes a selection for the stated women and not others.
Supporting text
There are two views regarding the absolute utterance of separation. One view is that it constitutes a selection for the women from whom separation is stated, because the term 'separation' is explicit in divorce. The primary view remains that it requires specification for dissolution (Faskh).