Husband said to his wife You are Free from my side

CategoriesDivorce [525]

Fatwa ID: 01891

Answered by Mufti Mohammed Tosir Miah

Question:

One day me and my wife were arguing severely on a routine home matter and in anger, without any intention of DIVORCE, I said to my wife that ' YOU ARE FREE FROM MY SIDE 1 OR 2 TIMES'. Does by saying this i have divorce to my wife?

Answer:

Bismillah

In an earlier fatwa which can also be found on the Darul Ifta Birmingham website I have mentioned that word such as ‘I freed you’ or ‘I have let you go’ are ambiguous words in general, however these sentences have been used in everyday language in place of Talaq thus by saying ‘I freed you’ once or twice will constitute one or two Talaq Raji.  If it is used thrice then the wife will become unlawful to the man forever.  (Raddul Muhtar p.530 v.4)

However, after consulting my respected teachers regarding this issue, they said ‘I freed you’ or ‘I have let you go’ is considered a Talaq Raji or a revocable divorce if one says it in the Urdu language. If one said ‘I freed you’ or ‘I have let you go’ in English it will constitute one irrevocable divorce if one made the intention of divorce. (Fatawa Hindiyyah, V1, P374)  

Therefore, in your situation, as you did not make an intention of divorce, divorce will not occur.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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