Is the husband's shaking of his head considered an allusion to divorce if the wife requested a divorce, given that he did not utter anything?

Scholars differ regarding the occurrence of divorce from a mute person through gesturing. The majority view that it occurs from a mute person who is unable to speak if their gesture is understood, but it does not occur from a speaking person. The Malikis, however, believe that it occurs from both a speaking person and a mute person through an understandable gesture.

Therefore, if the husband's gesture is not understood to mean divorce, then it does not occur by consensus. But if it is understood to mean divorce, the majority do not consider it to occur.