Are colloquial phrases such as "whatever you want" or "as you wish" considered among the ambiguous divorce pronouncements that require intention, or are they allusive divorce pronouncements? And does divorce occur with these phrases if the husband did not intend divorce by them but rather intended to know his wife's desire or to silence her? And is it true that ambiguous divorce pronouncements are allusive and require the intention of divorce, even if the wife chooses divorce?
It must be noted that it is not permissible for the wife to seek divorce without a legitimate excuse, due to the severe warning against such an action. Alluding to divorce (kinayah) is any expression that indicates separation but is not explicit about it. Allusion does not constitute divorce unless there is an intention to effect it. So, if the husband utters an allusive phrase without the intention of divorce, but rather to understand what his wife wants or for another reason, then, according to the majority of scholars, nothing is binding on him. The Hanbali school of thought holds that if allusive words are used after a request for divorce, then divorce occurs even if the husband did not intend it. Giving the wife the choice to divorce herself is considered an allusion to divorce, which, according to the majority of scholars, does not take effect unless the husband intends it. However, the Malikis said that it is one of the allusions that does not require intention.
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