Do the common words "Are you drifting off in any matter?" said by the husband to his wife, constitute a divorce, even though he did not intend divorce, according to the different jurisprudential schools of thought? Can this result in the previous ruling of ẓihār that the husband swore before his marriage? Is it permissible to adopt the fatwā of Ibn Hajar al-Makki that the word "Go adrift" is a metaphorical expression (kināyah)?
The husband's statement to his wife, "What are you daydreaming about?" (سرحانة في إيه) has no relation to divorce, because it is a question about her thoughts. Whoever thinks otherwise may be afflicted with obsessive-compulsive disorder (), and the divorce of one afflicted with waswas does not take effect. This statement does not fall under the words of Ibn Hajar al-Haytami regarding "israḥī" (اسرحي) meaning "go away," as there is a clear difference between them. The explicit word for divorce, "saraḥ" (سراح), is derived from "sarraḥa" (سَرَّحَ) with a shaddah (tashdid) meaning "to release" (التسريح), and not from "saraḥa" (سرح) without a shaddah (takhaffuf). Therefore, what was mentioned does not effect a divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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