Fatwa ID: 06305

Answered by: Maulana Burhaan Rahman

Question:

Can saying numbers on their own count as divorce such as saying “two” when telling the wife how much about something like how many tablets if the husband is come over by sudden intention due to a mixture of waswas and anger at her?

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

Answer:

When a husband wants to divorce, he would normally say “I divorce you” or anything along those lines/to the nearest meaning.

One mentioned a “number” in response to such a situation but has no correspondence whatsoever. It’s not what a man would normally say if they wanted to divorce.

The sacred law of legal maxim states:

العادة محكمة

“The general (custom) is said to be the authoritative (decisive factor to consider)” – So the custom is not mentioning divorce in the form of a number.

And with regards to anger in a situation of divorce, if you uttered the words whilst in extreme anger so much so, you weren’t thinking clearly etc. then the divorce does not happen as our beloved prophet SAW has said:

لَا طَلَاقَ وَلَا عَتَاقَ فِي إِغْلَاقٍ

“There is no divorce and no manumission in the event of clear thoughtlessness.” [Ibn Majah Hadeeth no: 2046].

Only Allah knows best.

Written by Maulana Burhaan Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham