Unintentionally Uttering Words of Talaq

Fatwa ID: 03498

Answered by: Aalimah Nasima Umm Hamza

 

Question

Assalamu alaykum brother.

Just a quick question.

I uttered words of divorce to my wife without me knowing what I was saying. I realised what I had said afterwards. We were in bed and it just came out my mouth without me wanting to or even having the intention of saying it. I possibly wanted to say something else at that time.

I said in Somali ''waa furantahay'' which in English means 'you are open,' but can be translated in English as 'you are divorced.' Is this classed as divorce brother? Jazakallahu khayr

 

 

بسم الله الرحمن الرحيم

In The Name Of Allah, The Most-Gracious, The Most-Merciful

 

Answer:

 

Divorce can be given in two ways. When clear words of divorce are used, such as “I divorce you” or “you are divorced,” this is called ‘talaq sareeh’. One utterance is one divorce.

The second way of giving divorce is by the use of allusive words. This is called ‘kinaayah talaq’. Words of divorce are not used but the meaning is of divorce. Words alluding to divorce (kinaayah), will only be counted when they are said with the intention of divorce.1]

 

Therefore, if you are certain (i.e. have yaqeen) that your intention was not to divorce when you uttered those words, then it will not be counted as a divorce.

 

Only Allah knows best

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1] Raddul Muhtar, Chapter on Kinayah, Volume 3, Page 297

 

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