that. This is because for that which is considered a statement, the statement itself suffices without intention if it is explicit regarding it, such as in a sale. It is the same whether he intends jest or earnestness, due to the saying of the Prophet (peace and blessings of Allah be upon him): "Three things, their earnestness is earnest and their jest is earnest: marriage, divorce, and the return (of a wife)." It was narrated by Abu Dawud and al-Tirmidhi, who said: It is a hasan (good) hadith. Ibn al-Mundhir said: Everyone among the scholars whom I have memorized from has reached a consensus that the earnestness of divorce and its jest are the same. This is narrated from Umar ibn al-Khattab and Ibn Masud. A similar view is from Ata and Abidah. This is also the view of al-Shafii and Abu Ubayd. Abu Ubayd said: It is the opinion of Sufyan and the people of Iraq. As for the wording of 'separation' (firaq) and 'release' (sarah), it depends on the disagreement regarding it; whoever considers it explicit causes divorce by it without intention, and whoever does not consider it explicit does not cause divorce by it until he intends it, and it stands in the position of hidden metonymies.

Section: If a non-Arab (a'jami) says to his wife, "You are divorced (anti taliq)," and he does not understand its meaning, she is not divorced because he is not choosing divorce, so his divorce does not occur, like the one who is coerced. If he intends its requirement according to the people of the Arabic language, it does not occur either, because he cannot validly choose what he does not know. For this reason, if someone who does not know the meaning of a word of disbelief speaks it, he does not become a disbeliever. It is possible that she would be divorced if he intended its requirement, because he uttered the divorce while intending its requirement, thus resembling the Arab. The same ruling applies if an Arab says: "Bahushtum" (in a foreign language) while not knowing its meaning.

Section: If he says to his wife and a stranger: "One of you is divorced," or says to his mother-in-law: "Your daughter is divorced," while she has a daughter other than his wife, or his wife's name is Zaynab and he says: "Zaynab is divorced," his wife is divorced because he does not own the divorce of anyone else. If he says: "I meant the stranger," he is not believed. Ahmad stated this textually regarding a man who married a woman, then said to his mother-in-law: "Your daughter is divorced," and said: "I meant your other daughter, who is not my wife."