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The question

What are the opinions of scholars regarding whether phrases of separation (al-firaq) or release (al-sarah) are considered explicit pronouncements of divorce (sarih al-talaq) or allusions (kinayah) that require intention, especially since they may be used in meanings not intended for divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The wordings of divorce are divided into explicit (sarih) and allusive (kinayah). The explicit does not require intention, while the allusive does. The jurists have agreed that the word "" (divorce) is explicit, and divorce occurs with it even if intention is not present. They differed regarding "firaq" (separation) and "sarah" (release). Al-Shafi'i and Al-Khiraqi held that they are explicit due to their occurrence in the Quran with the meaning of divorce, such as His (Allah's) saying: "or separate from them with kindness" and "So retain them with kindness or release them with kindness." The majority of jurists, however, held that they are not explicit divorce wordings because they can be used for purposes other than divorce, and this latter view is closer to the truth. It is advisable to consult the court in matters of divorce.

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Ftawy
Original fatwa ID
51020
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