Does a divorce take effect with the words "ʿalayya al-khair" (upon me be goodness) or "ʿalayhā al-khair" (upon her be goodness) if the speaker intended divorce thereby?
Not every utterance made by the husband results in divorce. Words that are neither explicit nor allusive to divorce do not constitute divorce, even if the husband intended divorce. Al-Shafi'i holds that words that do not resemble divorce do not constitute divorce, even if intended. Ibn Qudamah mentioned that words not resembling divorce, such as "sit down" or "may Allah bless you," are not considered allusive and do not constitute divorce even if intended.
As for explicit divorce, it is that which bears no other meaning, such as: "You are divorced." This constitutes divorce even if not intended. Allusive phrases are those that can imply divorce, such as: "Go to your family" or "You are unlawful to me." Therefore, the phrase "to goodness" (على الخير) or "goodness upon her" (عليها الخير) is an extraneous word that does not constitute divorce, even if he intended it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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