What is the meaning of Imam Al-Shafi'i's saying: "Delegation of divorce is a metaphorical expression, so if the husband delegates his wife, intending thereby to give her a choice between being divorced from him and remaining under his marital bond, and she chooses herself intending thereby divorce, then she is divorced. But if she says, 'I did not intend divorce by choosing myself,' would she be believed?" And does this mean that if the husband says to his wife: "Choose either me or your friend," intending divorce, and she chooses her friend without intending divorce, does divorce occur? And does the phrase "either me or your friend" only imply the intention of divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The statement attributed to Ash-Shafi'i is correct, which is that a husband giving his wife a choice is an allusive divorce (kinayah). So, if he gives her a choice between divorce and staying, and she chooses herself and intends divorce, then it occurs. But if she does not intend it, it does not occur, and her claim is to be believed. The phrase "either me or your female friend" may imply a choice but is not an explicit statement of divorce. It is considered an allusive divorce by the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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