TALÂQ (divorce) in ISLAM (II)

 It is stated in Ni’met-i-islâm: “The moment a man with his wife with whom he has performed a waty, (i.e. a conjugal act,) makes one of the sarîh (explicit) statements used for a divorce, such as, ‘You be divorced from me!’ or ‘I have divorced you!’ or ‘You have been divorced from me,’ even if he says so as a joke or by mistake, or, supposing she is not with him, when he sends such statements by writing a letter or sending a deputy to her, even if he does not know what his statement means, a talâq-i-rij’î has taken place. When he makes a statement that is used in situations other than talâq as well, but which he has uttered with the intention of divorcing his wife, for instance when he makes one of these statements: ‘Go to your father’s home!’ and ‘Go away from me and attain your wish!’ and ‘Cover yourself!’ and ‘Cover your head!’ and ‘You are free!’ and ‘Look for a husband for yourself!’ and ‘Go to Hell!’ and ‘You are like a swine to me!’ and ‘I am not your husband!’ and ‘I am separated from you!’ and ‘You are bâin from me!’; or when he says, ‘You are harâm for me;’ a talâq-i-bâin will take place. Statements of this sort, which are used in various meanings, are called kinâya (allusion, hint, indirect statement). The word ‘divorce’ is sarîh (explicit). Words such as ‘leave’ and ‘abandon’ are kinâya; but they are sarîh theoretically since they are used customarily to mean ‘divorce’. If a person says to his wife’s father, ‘I do not want your daughter. Let her marry whomever she wishes!’; or if his wife asks for his permission to go out and he replies, ‘I have not tied you with a rope. You are free. Go!’; or if he says, ‘There is not a nikâh between us!’ or ‘I have turned away from you!’ or ‘You go anywhere you wish. You will not be my woman!’ or ‘There are four different avenues open for you. You take any one of them at will!’ or ‘Off with you!’ or ‘I don’t want you any longer. Go to your father’s home!’ or ‘I want to divorce you!’; a talâq will not take place, unless he intends to divorce his wife. In societies where remarks such as ‘Let it be a cause of divorce!’ and ‘Do whatever you like!’ are used to mean divorce; when a person makes those remarks to his wife a talâq-i-bâin will take place even if he does not mean a divorce. Words such as ‘mommy’ and ‘my daughter’ and ‘my sister’ will not be causes of talâq when a person uses them to address his wife. However, if he says, ‘From now on be my mother (or daughter or sister),’ a talâqi-bâin will take place