Does divorce occur with the husband's statement "You are the divorce" or only with explicit formulations such as "You are divorced"? And is "You are the divorce" considered an explicit divorce that instantly enacts three divorces?
Most scholars hold that the phrase "You are divorce" is an explicit statement (sareeh) and does not require an intention (). However, they differ on the number of divorces that occur with it:
1. Hanbalis: If the husband intended one, one divorce is binding. If he intended three, they are effective. If he did not intend anything, the apparent statement of Imam Ahmad is that three divorces occur. Another opinion states that one divorce is binding. 2. Malikis: There are two opinions: The first is that three divorces are binding and his intention for less is not accepted. The second is that whatever he intended is binding if he swore an oath. 3. Hanafis: Three divorces are binding if he intended them. If he did not intend anything, or intended one or two, it is a single revocable divorce. 4. Shafi'is: There are two opinions: The first is that it is an explicit divorce. The second is that it is an implicit statement (kinayah) and does not occur except with intention, which is the opinion favored by Al-Ghazali.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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