A Case of Talaq Baain

Fatwa ID: 02237

Answered by Ustaadha Bint Salih

Question:

My son-in-law emailed me with the following email. Is it considered one or three Talaaq?
The text of the email is:
I realized that you all have no courage to face the truth and I’m no part of you or Hafsa, so I am ending this relationship.
Don't expect me to have it on paper work.
GOOD LUCK!!!

Answer:

Bismillah

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, RaddulMuhtaar, V2, P465, FatawaHindiyah, 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 circumstances. (Hidayah, V2, P373, RaddulMuhtaar, V2, P501, FatawaHindiyah, V1, P374)  

The kinaya words effect talaaqbain when one intends divorce by them.
(Hidayah, V2, P374, RaddulMuhtaar, V2, P507)

In the given situation, the words will constitute one TalaaqBaain (irrevocable divorce) if the intention was to issue divorce. To validate the marriage the couple will have to renew the nikah.

Only Allah knows best.

Ustaadha Bint Salih.  

DarulIfta Birmingham.

Checked and approved by Mufti Mohammed Tosir Miah

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