Saying Talaq without knowing the consequences of it

Fatwa ID: 01486

Answered by Mufti Mohammed Tosir Miah

Question:

I said talaqh to my wife without knowing talaqh meaning or conditions. It happened 3 years ago.

Answer:

Bismillah

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

The words which effect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaayah)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc… Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah p.359 v.2)

Kinaayah means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah P.373 v.2)

Regarding your question, the word Talaq is Sareeh i.e. clear words for divorce, so therefore, when somebody utters the word of talaq, then one talaq rajee will occur irrespective of whether one understood the consequences or whether one’s wife was present or not.

Finally, when one talaq rajee occurs the wife does not become unlawful for 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 choice of taking the wife back lasts only during the iddah period. At the expiry of this time, the rujuu also expires. (Bahrur Raaiq P.50 V.4)

The jurists have listed two ways of effecting rujuu, one by speech and the other by action. It is more praiseworthy to make rujuu by speech rather than action. (Raddul Muhtar p.24 V.5)

To effect a rujuu by speech the husband can say, “I have taken you back”, or “I have retained you”. Rujuu will be effected whether the wife is in front of him or not, however where the wife is not present it is best to have two. (Raddul Muhtar p.25 V.5)

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. If there is no desire then rujuu is not affected. Therefore, to touch the wife, have intercourse with her, to kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will effect rujuu. (Ibid)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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