like the exception and the condition. Abu Bakr mentioned regarding his statement: 'You are divorced' (anti mutallaqa), that if he intended that she is divorced by a past divorce, or from a husband who was before him, there is nothing upon him. But if he did not intend anything, there are two opinions; one of them is that it takes effect. The second is that it does not take effect. This from his statement requires that this wording is not explicit in one of the two opinions. The Qadi said: The text narrated from Ahmad is that it is explicit, and this is the correct view, because this is a derived form from the word of divorce, so it is explicit in it, like his saying: 'You are divorced' (anti taliq).

Section: As for the word 'itlaq' (releasing/divorcing), it is not explicit in divorce, because the custom of the Sharia and usage have not been established for it; thus, it resembles the rest of its metonyms (kinayat). The Qadi mentioned a possibility regarding it, that it is explicit, because there is no difference between 'fa''alta' and 'af'alta', such as 'azzamtuhu' and 'a'zamtuhu', or 'karramtuhu' and 'akramtuhu'. This which he mentioned is not uniform; for they say: 'hayyaytuhu' (I greeted him) from 'tahiyya' (greeting), and 'ahyaytuhu' (I gave him life) from 'hayat' (life). They say 'asdaqtu al-mar'ata sadaqan' (I gave the woman a dower), and 'saddaqtu hadithaha tasdiqan' (I believed her story truthfully). They differentiate between 'aqbala' and 'qabila', 'adbara' and 'dabara', and 'absara' and 'basura'. They differentiate between different meanings with a vowel or a letter; they say 'haml' (with a fatha) for what is in the womb, and with a kasra for what is on the back. 'Waqr' with a fatha is heaviness in the ear, and with a kasra is the heaviness of a load. Here, they differentiated between the 'hal' (releasing/untying) of the bond of marriage and other than it, by the doubling (tashdid) in one and the hamza in the other. If the meaning of the two words were the same, it would be said: 'tallaqtu al-asira' (I released the captive), 'wa al-farasa' (the horse), 'wa al-ta'ira' (the bird), so it is 'taliq' (released); and 'tallaqtu al-dabbata' (I released the beast), so it is 'taliq' and 'mutallaqa'. This was not heard in their speech, and this is the madhhab of al-Shafi'i.

Section: If he says: 'You are the divorce,' the Qadi said: The narration from Ahmad does not differ that divorce takes effect through it, whether he intended it or did not intend it. Abu Hanifa and Malik said the same. For the companions of al-Shafi'i, there are two perspectives on it; one of them is that it is not explicit, because it is a verbal noun (masdar), and entities (a'yan) are not described by verbal nouns except metaphorically.