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Kitabut Talaq [Divorce] - The occurring of divorce

Question 1582) - Please explain further?

A: There are two kinds of indirect words of which three words result in one Raj'i divorce when if he intended two or three. They are, "Go into 'iddah/ Clear your womb/ You are now single." The rest of the Indirect words result in one Bainah if he intends one or two, but if he intends three it will be three. These words include, "You are Bain, Battah and Batlah [separated, broken and cut off - because she is cut Off from returning]/ You have free rein/ Go join your family/ You are free/You are alone/ I have gifted you back to your family/ You choose/ I have separated from you and you are free/ Veil yourself from me/ Cover yourself from me/ Be a stranger to me/ Seek another husband."

If he did not intend divorce then the divorce does not occur with these words. If however it was within the discussion of divorce then legally* it is a divorce, but not between him and Allaah until he intends it as such.

If it was not in a discussion of divorce but both were angry or arguing, then the divorce occurs with any indirect word which was not an insult or abuse. If the insult or abise was intended as divorce then the divorce occurs.

In Summary:

Raj'i Divorce occurs with explicit words.
Related to this is when he says, "Go into 'Iddah Clean your womb/ You are single." Bain divorce is with indirect words when he intends thereby divorce or the condition indicates thus. The Talaq Raj'i becomes Bain if the 'iddah passes and he did not take her back in it.

Mughallazh Divorce occurs with three pronouncements, whether it be in three purity periods, three months, in a single sentence, in three sentences in the same purity period, or he intended three divorces with indirect words - except that which are exception from it.

* Meaning amongst humans. If he protests at a court that he did not mean it then his protest will not be accepted. This applies to words which can be given to the woman as reply to her request for divorce and not a refusal e.g, "Go into 'iddah/ The matter is in your hands, you choose."

~ al-Quduri ~