Praise be to Allaah.
If a man says to his wife “anti qaaliq”, it does not count as
divorce, as it is not one of the phrases that mean divorce either explicitly
or implicitly. But if he intended divorce thereby, then it does count as a
divorce according to some of the scholars.
Al-Kharashi (may Allaah have mercy on him) said in Sharh
Mukhtasar Khaleel (4/48): If a man says to his wife: pour the
water, or go in, or go out, or eat, or drink, or anything else that is not
one of the phrases of divorce or a clear phrase of zihaar (a jaahili form of
divorce), but he intends divorce thereby, then it is binding according to
the well-known opinion, because these phrases are metaphors and he is bound
by whatever he intended of one or more divorces. But if he did not intend
divorce, then it does not count as such. End quote.
The hadeeth “There are three matters in which seriousness is
serious and joking is serious: marriage, divorce and taking back (one’s
wife)” was narrated by Abu Dawood (2194), al-Tirmidhi (1184), Ibn Maajah
(2039); classed as saheeh by al-Haafiz Ibn Hajar in al-Talkhees al-Habeer
(3/424) and al-Albaani in Saheeh Sunan al-Tirmidhi (944).
The hadeeth has to do with the explicit phrases of divorce.
If the man says to his wife: Anti taaliq (you are divorced) intending it as
a joke or to scare her, then divorce has taken place.
But as for metaphors or implicit phrases which may be
understood as intending divorce or otherwise, such as saying “ go to your
family” or “you are free” or “ I have no need of you” or “ you are no longer
under my care,” these do not count as divorce unless they were intended as
such. See the answer to question number
You should beware of using words of divorce whether in a
serious or joking manner, because of the consequences that result from
And Allaah knows best.