Fatwa ID: 07561
Answered by: Maulana Sheik Abdel Ahaad Imrit
Question:
Asalam wa alaykum wa rahmatullahi wa barakatuhu
Just need clarity before going ahead with this. As I understood it’s one talaq ba’in. The following are statements from the husband and wife:
Wife:
He hadn’t been speaking to me for 3 nights and 3 days and refused to be in the same room/bed with me. I had to break the silence on the 4th day, to ask him if he was going to take me to my parent’s house, but he ignored me. I asked him another 2 times, but he still ignored me. I needed to know if he was going to take me or not and since he wasn’t going to answer me, I went to his mum to see if she could get an answer from him. She addressed him about this, and for some reason, this annoyed him further, we went to our room, and he was ranting a lot, then called his mum to our room, told her how he couldn’t “stay with me”, “live with me”, “do this with me” anymore, all used interchangeably. His mum didn’t take him seriously. Eventually, he decided to take me to my parents’ house and informed his mum that his intentions are to leave me there.
On the way to my parents’ house, he stopped to take a break for some reason and said he wanted to sleep. It was late already, knowing that my parents tend to go to bed early, his decision to stop to take a “nap”, despite knowing this, didn’t sit well with me. I asked him for something that was on the driver’s side of the car, but he refused to acknowledge my request, which led to further hostility. He eventually set off again, during which he was telling me that he “doesn’t want to be with me anymore”. Rest of the journey, there was a lot of back and forth, not much discussion.
When we got to my parent’s house, he informed my dad that he wanted to speak to him about something, I left them to it and went to my mum. We both entered in on them talking, when he also informed my mum what he had told his mum, me and my dad, quoting what he had said in the car.
He told my mum and dad that he told me in the car “I am no longer with you”, I was not aware of such a statement, I did not hear this at the time. I contested this and said “No that’s not what you said”, he was adamant that he did say this in the car, and he then tried to clarify to my parents and me that he no longer wants me. My parents tried to reason with him, and told him to take a break away and think about his actions and what he wants.
Husband:
An argument took place in the room due to my wife making a request to go home, but as I was unhappy with previous actions I proceeded to ignore her. My wife then informed Mum of my current state which annoyed me further, so I summoned my mum to our room. I went on to state multiple issues which we are having and stated I’m sick of going through it. After much mediation, I accepted to take my wife home.
During the drive home, I stopped for a break and she wasn’t happy with having to stop. She asked for her keys which I stated she should take it herself. This infuriated the situation further, with multiple back-and-forths happening. The statement was made at the time. ‘I am no longer with you’ – with the intention of splitting apart.
I then continued the drive to her parents’ house. Once reached, I attempted to clarify with her father what the situation was. I then referred to and quoted what I stated in the car. Her mum also got involved and I referred to the conversation and quoted what had been said. As all of us were together, I attempted to clarify the situation all at once. I was then told to take some time away and think about my decision, and left the house.
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Wa ʿalaykumu s-salam waRahmatullahi Wabarakatuh,
The statement “I am no longer with you” is not specifically designated for issuing a divorce, but it does imply and hint at it.
His intention behind this statement was to divorce, hence a talaaq ba’in will take place.
References:
«درر الحكام شرح غرر الأحكام» (1/ 367):
«(وَكِنَايَتُهُ) وَهِيَ عِنْدَ الْأُصُولِيِّينَ مَا اسْتَتَرَ الْمُرَادُ بِهِ حَقِيقَةً كَانَ أَوْ مَجَازًا وَهِيَ هَا هُنَا (مَا لَمْ يُوضَعْ لَهُ) أَيْ لِلطَّلَاقِ (وَاحْتَمَلَهُ وَغَيْرَهُ) فَلَا يَقَعُ بِهَا الطَّلَاقُ إلَّا بِالنِّيَّةِ أَوْ دَلَالَةِ الْحَالِ؛ لِأَنَّهَا لَمَّا لَمْ تُوضَعْ لَهُ وَاحْتَمَلَتْهُ وَغَيْرَهُ وَجَبَ التَّعْيِينُ بِالنِّيَّةِ أَوْ دَلَالَةِ التَّعْيِينِ كَحَالِ مُذَاكَرَةِ الطَّلَاقِ وَحَالِ الْغَضَبِ
«الفتاوى العالمكيرية = الفتاوى الهندية» (1/ 374):
«الْفَصْلُ الْخَامِسُ فِي الْكِنَايَاتِ) لَا يَقَعُ بِهَا الطَّلَاقُ إلَّا بِالنِّيَّةِ أَوْ بِدَلَالَةِ حَالٍ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ.»
«حاشية ابن عابدين = رد المحتار ط الحلبي» (3/ 296):
«قَوْلُهُ مَا لَمْ يُوضَعْ لَهُ إلَخْ) أَيْ بَلْ وُضِعَ لِمَا هُوَ أَعَمُّ مِنْهُ وَمِنْ حُكْمِهِ لِأَنَّ مَا سِوَى الثَّلَاثِ الرَّجْعِيَّةِ الْآتِيَةِ لَمْ يُرِدْ بِهِ الطَّلَاقَ أَصْلًا، بَلْ هُوَ حُكْمُهُ فِي الْبَيْنُونَةِ مِنْ النِّكَاحِ؛ وَعَلَيْهِ فَفِي قَوْلِهِ وَاحْتَمَلَهُ تَسَاهُلٌ، وَالْمُرَادُ احْتَمَلَهُ مُتَعَلِّقًا لِمَعْنَاهُ، وَأَفَادَهُ فِي الْفَتْحِ، وَأَشَارَ بِهِ إلَى عَدَمِ حَصْرِهَا، لِذَلِكَ قَالَ فِي شَرْحِ الْمُلْتَقَى ثُمَّ أَلْفَاظُ الْكِنَايَةِ كَثِيرَةٌ تَرْتَقِي إلَى أَكْثَرَ مِنْ خَمْسَةٍ وَخَمْسِينَ لَفْظًا عَلَى مَا فِي النَّظْمِ وَالنُّتَفِ وَزِيدَ غَيْرُهَا فَتَنَبَّهْ. اهـ. وَمِنْهَا عَدَّيْتُ عَنْهَا فَيَقَعُ بِهِ الْبَائِنُ بِالنِّيَّةِ كَمَا أَفْتَى بِهِ الشَّيْخُ إسْمَاعِيلُ الْحَائِكُ. قُلْت: وَمِنْهَا أَنْتِ خَالِصَةٌ الْمُسْتَعْمَلُ فِي زَمَانِنَا فَإِنَّهُ فِي مَعْنَى خَلِيَّةٍ وَبَرِيَّةٍ تَأَمَّلْ.»
Only Allah (عز و جل) knows best.
Written by Mawlana Sheik Abdel Ahaad Imrit
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
