As Salaamu Alaikum I wanted to know that if a man says to his wife “your iddah will begin after your next menses” with the intention of divorce will a divorce occur after her next menses?
Answer:
The words which effect divorce are of two types:
1) Clear and plain words (sareeh)
2) Ambiguous and allusive words (kinaya)
Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc. Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Fatawa Hindiyah, V1, P354)
Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Fatawa Hindiyah, V1, P374)
The kinaya words effect talaaq bain when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)
Regarding your question, the sentence “your iddah will begin…” is one of those ambiguous words which gives one revocable divorce. (Mukhtasarul Quduuri p.144) Thus, the meaning of your statement will be “I have given you one divorce, hence, start your iddah after your next menses.” (Sharah Samiri p.97 v.3)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham