Is a husband's saying to his wife: "Choose, either we continue or we divorce," or "Choose divorce, or we continue together," or "Do you live with me or do you divorce" considered a form of divorce by choice, and does it fall under Al-Shafi'i's saying that it is an implicit statement that depends on the husband's intention?
The majority of scholars have divided the expressions of delegation in divorce into explicit (sarih) and allusive (kinayah). Explicit is that which uses the word 'divorce,' such as "Divorce yourself if you wish." Allusive is that which uses other words, such as "Choose yourself" or "Your affair is in your hand." Explicit expressions do not require intention, whereas allusive expressions require intention for the divorce to occur. Thus, the husband's statement "Choose" is an allusive expression requiring the intention of divorce. However, statements like "Choose whether we continue or divorce," or "Choose divorce or we continue," or "You live with me or you get divorced" are explicit. If the wife responds by explicitly choosing divorce, then she is divorced. If she responds with an allusive expression, her intention is considered.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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