its name along with it. If he knew she was a stranger but intended his wife by the divorce, she is divorced. If he did not intend her by the divorce, she is not divorced.

Section: If he met his wife and thought she was a stranger, and said: "You are divorced," or "Go away, O divorced woman." Or if he met his slave woman and thought she was a stranger, and said: "You are free," or "Go away, O free woman." Abu Bakr said regarding the one who met a woman and said: "Go away, O divorced woman," or "O free woman," while he did not know her, and it turned out to be his wife or his slave woman: No divorce or manumission occurs through them, because he did not intend that by them, so nothing occurred through them, like a slip of the tongue to what he did not intend. It is possible that the slave woman does not become free, because it is the custom of people to address one whom they do not know by saying: "O free woman," and that the wife is divorced, due to the lack of custom in addressing [someone] by saying: "O divorced woman."

Section: As for non-explicit [wording], divorce does not occur by it except with intention or clear indication of circumstances. Malik said: Explicit allusions, such as his saying: "You are separated (ba'in)," "severed (battah)," "cut off (batlah)," or "forbidden (haram)," result in divorce without intention. The Qadi said in "al-Sharh": This is the apparent [meaning] of the speech of Ahmad and al-Khiraqi, because they are used for divorce in custom, so they became like the explicit. Our position is that this is an allusion that is not known for intending divorce by it, nor is it exclusive to it, so divorce does not occur by it through the mere wording, like other allusions. And when it is established that intention is considered, it must be considered as accompanying the wording. If it is found at the beginning of it, and is absent in the rest of it, the divorce occurs. Some of the followers of al-Shafi'i said: It does not occur. So if he said: "You are separated (ba'in)" intending divorce, and his intention was absent when he said: "You are separated," it does not occur; because the amount that was accompanied by the intention does not result in anything. Our position is that that for which intention is considered, its presence at the beginning is sufficient, like prayer and other acts of worship. As for if he uttered the allusion without intending [divorce], then intended it thereafter, the divorce does not occur by it, just as if he intended ritual purity by the bath after he had finished it.