Connecting the divorce with marriage

CategoriesDivorce [567]

A Talaaq-e-Bain took place between my wife Sakina & myself some time back.

One day I was going some where and uttered following sentence when I was thinking my wife Sakina.

"Agar shaadi karon to talaaq" in English "If I marrry, then Talaaq"

At that Time I was thinking about my wife Sakina but did not utter her name in the sentence.

Could you please tell me If I marrry any woman in future will Talaaq take place automatically or Talaaq will only take place if I marry to my ex-wfe Sakina.

Note:
I DID  NOT utter her name but was only thinking of her and events which took place between us. 

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

Answer

Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

According to Imam Abu Hanifah (RA), all types of taleeq are valid and if the condition is found the divorce will occur. On the other hand Imam Shafi (RA) and Imam Ahmad Bin Hanbal (RA) are of the view that all types of taleeq are invalid and divorce will not occur.   (Dars Tirmizi p.491 v.3)

It is narrated from Saaiduna Abdullah Ibn Umar Radiallahu Anhu that he said, “If a man says ‘When I marry such a girl, she is divorced’ then this will occur when he gets married to her.  And if he gave her one divorce or two or three, this will occur (after he marries her) according to what he had said.”   (Muwatta Imam Muhammad p.254)

With regards to your question which involves a Taleeq situation with a woman who at the moment of Taleeq was not in your marriage, Imam Abu Hanifa (RA) has said that if the Taleeq connected to the ‘cause of ownership’ (Sababul Milk) then Talaq will occur if the condition is found. An example of Sababul Milk is that if the husband says, ‘If I marry you then you are divorced’. Therefore, in the future if the man was to get married to this woman, talaq will occur. (Hidayah p.385 v.2)

You raised an objection in the question that you did not mean your wife when you said the aforementioned statement. This falls under the issue of attributing divorce.

Attributing divorce is of two types.

  1. The attribution is clear.  For example ‘I divorce you’.
  2. The attribution is unclear.  For example, the husband says ‘Divorce’ or Talaq’ without specifying or indicating his wife but indirectly his wife is meant and not another woman

In both situations, talaq and divorce will occur.   (Raddul Muhtar p.458 v.4)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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