My wife thinks I gave her talaq but I didn’t even say or allude to it?

Fatwa ID: 02753

Answered by:  Maulana Moinul Abu Hamza

Question:

Assalamu Alaikum Wa Rahmatullah!

In my wife's view, I have issued 3 talaqs. During the first occasion I have issued a talaq, however on the second occasion what I uttered was not a talaq but said something similar so that she thought I said the second one. I have now issued the second one but my wife is unsure and believes it's the third one.

I am 100% sure the second was not uttered and the intention to divorce was not there and it was just a trick to calm her down. I never told since now that I didn't actually say the second one and she thinks I am lying.

What is the ruling on this, As I still want to be with her?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh,

Since you have stated that the second incident was completely nothing to do with divorce in wording implicitly and explicitly, and you had no intention of divorce, then your view will be taken. However, if there was any allusion or hint at talaq in your second statement, the outcome would be different. As for your wife thinking that you are lying, if you are certain while she only assumes, then the view of the more certain view will be taken, hence you have issued only two divorces. [1] Keep in mind that if you divorce her once more, she will become permanently forbidden upon you.

 

Only Allah Ta’ala knows best

Written by Maulana Moinul Abu Hamza

Checked and approved by Sabrina al-Faarsiyyah

Darul Ifta Birmingham

 

[1] "Certainty is not removed by doubt" al-Qawaid al-Fiqhiyyah

 

 

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