Fatwa ID: 05438

Answered by: Shaykh Ahmed Bin Mohamed Umarji

Question:

Assalamualaikum. Please clarify this as I am very stressed. I and my husband had a very bad argument one day and he said I divorce you. then he was rambling on and was in a rage like he was going to be violent so he told me to leave the house and don’t come back ( he says this normally when he’s very angry meaning to just get out of the way) he is adamant that the second statement he did not intend divorce at all and he will take an oath for that. Some places I read allusive statements count as a divorce but only if intended. However even I know his statement just meant get out don’t back until he’s calmed down. I returned after an hour and he was fine and said I did not divorce you at all It was just in anger. I know the first one was a proper statement but he told me to go was not intended at all. Does this count as one?

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

Answer:

If at the time of uttering them, his intention was divorce, then one talaq-e-bain will apply. If he did not have any intention, no divorce took place.^[1]

Since he did not intend talaq with the ambiguous words, talaq did not take place.^[2] However, talaq will occur when he said I divorce you after the argument you had. 

Only Allah knows best

Written by Shaykh Ahmed Bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Fatawa Darul Uloom Zakariyya Volume 4 Page 120

[2] (قَوْلُهُ: اُخْرُجِي اذْهَبِي قُومِي) لِحاجَةٍ أوْ لِأنِّي طَلَّقْتُك قَيَّدَ بِاقْتِصارِهِ عَلى اذْهَبِي لِأنَّهُ لَوْ قالَ: اذْهَبِي فَبِيعِي ثَوْبَك لا يَقَعُ، وإنْ نَوى، ولَوْ قالَ: اذْهَبِي إلى جَهَنَّمَ يَقَعُ إنْ نَوى كَذا فِي الخُلاصَةِ، ولَوْ قالَ: اذْهَبِي فَتَزَوَّجِي وقالَ: لَمْ أنْوِ الطَّلاقَ لَمْ يَقَعْ شَيْءٌ لِأنَّ مَعْناهُ تَزَوَّجِي إنْ أمْكَنَك وحَلَّ لَك كَذا فِي شَرْحِ الجامِعِ الصَّغِيرِ لِقاضِي خانْ – البحر الرائق شرح كنز الدقائق – مجلد:3 صفحة:326  – دار الكتاب الإسلامي