I freed you

CategoriesDivorce [560]

Would ‘I freed you’ or ‘I have let your go’ constitute divorce?

 

In the name of Allah, the most Beneficent, the most Merciful.

 

Answer

 

‘I freed you’ or ‘I have let your 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)

 

Even in the absence of any intention, the aforementioned ruling will be the same.

 

In one or two Talaq Rajis, the wife does not become unlawful to the husband.  The husband can take her back if he revokes the divorce before the ending of the three menstrual periods (if she still menstruates) or three months.

 

The jurists have listed two ways of effecting a rujuu (revocation): either by speech or action.  It is however more praiseworthy to make rujuu by speech rather than action.  (Raddul Muhtar p.24 v.5)

 

To effect rujuu by speech, the husband can say, ‘I have made Rujuu’ or ‘I have retained you’.  The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if rujuu is initiated by action.  Rujuu will be effected regardless of whether the wife is in front of the husband however, where the wife is not present it is best to have two witnesses.  (Raddul Muhtar p.25 v.5)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham

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