Fatwa ID: 07267

Answered by: Maulana Sarfraz Mohammad

Question:

I was driving today and was a bit frustrated. I am not sure if I said it out or was mumbling but for a split second, I was pretending that I was talking to my father even though he was not there. It was only me driving to work.  My words were “I don’t want these women. Maybe I was frustrated. And I was a bit upset with my wife. Is this a divorce?

I sometimes get a bit worried about what I say even when I am having normal conversations with my wife.

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

For a divorce to take place it is necessary that the divorce be attributed to the wife. It is not necessary for the wife to be present to hear the divorce being pronounced. This is only if he uses clear words of divorce.   

In the scenario mentioned above the divorce will not take place since clear words of divorce were not used and it was not directed or attributed to the wife. 

«حاشية ابن عابدين = رد المحتار ط الحلبي» (3/ 256):

«(وَإِذَا أَضَافَ الطَّلَاقَ إلَيْهَا) كَأَنْتِ طَالِقٌ (أَوْ) إلَى (مَا يُعَبِّرُ بِهِ عَنْهَا كَالرَّقَبَةِ وَالْعُنُقِ وَالرُّوحِ وَالْبَدَنِ وَالْجَسَدِ) الْأَطْرَافُ دَاخِلَةٌ فِي الْجَسَدِ دُونَ الْبَدَنِ.

(وَالْفَرْجُ وَالْوَجْهُ وَالرَّأْسُ) وَكَذَا الِاسْتُ، بِخِلَافِ الْبُضْعِ وَالدُّبُرِ»

Only Allahتعالي    Knows Best

Answered by Maulana Sarfraz Mohammad

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham