Fatwa ID: 07877
Answered by Alimah Khadija Tarwala
Question:
Previously, I have given Talaq two times to my wife by uttering the word TALAQ. And we did RUJU afterwards.
Now, on 23rd March 2024, me and my wife had quarrel and I said, I am not sure about the exact word to word but I uttered.
“ I will give you divorce now , just see ……I will show you….make a call to your brother “
After a while, I suddenly started getting confused on my words, thinking, did I said something wrong which can also relate to the TALAQ getting into effect.
After that, “ I started asking my wife constantly, what did I just said ?….Did I said something wrong….? “
Wife answered “ I don’t Know “
After that my wife in an irritating and frustrating way asked me “ So, it has happened …right….? “
And without any thinking and understanding I simply said “ Yes “.
At this time also, I didn’t realise or had in knowledge, that these can also go wrong and can or may lead to TALAQ.
Why we are approaching so late because after watching few videos last week it, came to our knowledge that this all can have an impact on TALAQ.
I am confused now for the below two issues:
1) Firstly, by uttering these words – “ I will give you divorce now , just see ……I will show you….make a call to your brother “ – Does it lead to Divorce ?
2) Secondly, “ When my wife asked me in an irritating and frustrating way “ So, it has happened …right….? “
And without any thinking and understanding I simply said “ Yes “
At this time also, I didn’t realise or had in knowledge, that these can also go wrong and can or may lead to TALAQ. – Does it lead to Divorce ?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In the situation you have described, the key issue is the clarity of your words and your intention at the time. According to the Hanafi perspective, for a divorce to take effect, it must be a clear and intentional.
- For the first statement, the words you chose do not appear to be a clear and direct declaration of divorce. Because you did not explicitly use the word “Talaq” or make a direct statement of divorce, and your words were more of an expression of frustration, they would not normally result in a divorce on their own.
- Your response “Yes” to your wife’s question about the divorce could be interpreted as confirmation. However, you mentioned your uncertainty at the time, which is important. In such cases, doubt or confusion in the heart at the time of the statement can have an impact on the divorce’s validity. When you confirmed with a “Yes,” it became a clear affirmation. Even if you were confused earlier, your next confirmation of the divorce would take effect, as the intention was clear in the final response.
The confusion you experienced at the time is understandable, but since you did confirm the divorce with your final “Yes,” it would generally be considered a valid divorce. The confusion you felt earlier doesn’t reverse the effect of your clear affirmation.
Only Allah knows best.
Written by Alimah Khadija Tarwala
Checked and approved by Mufti Mohammed Tosir Miah.
Darul Ifta Birmingham.
الثاني صحيح، والعتق عند البيان يقَع مقصورا على البيان، فإذا مات الخارج، تعيّن الثابت بالكلام الأوّل، فتعيّن الداخل بالكلام الثاني ضرورةً.
كتاب شرح الزيادات – قاضي خان ج: 2 ص: 441
