Fatwa ID: 08206

Answered by: Maulana Yusuf Badshah

Question:

NOTE: prior to this, I genuinely didnt know that texting divorce statements cause talaq. During an argument with my wife I asked her if she wanted a divorce out of anger and frustration and after she was also rude back to me, I said the words “Okay, divorce it is then”. But my intention wasnt to finalise the divorce, I just reacted it in that manner in the sense that I was sad that she’s implying she wants to divorce. I never really wanted the divorce. Then later this idea of the divorce was still in my head and I said “we’re getting a divorce tbh” but I said this again, whilst not truly wanting the divorce to take place and I said it to express my sadness. Throughout this I had the image of divorce happening in my head but I truly didn’t want that, and I knew we wouldn’t be getting divorced . Does this count as any talaq? also, can I assume 0 talaqs if i’m unsure about the intentions? Deep down I never wanted this divorce it was just in the heat of the moment. Also the phrases “divorce it is then” and “we’re getting a divorce” were future tense. However again, i did NOT truly want these divorces to happen

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

Answer:

Wa alaykum assalaam wa rahmatullahi wa barakatuh.

Your lack of knowledge in this matter does not affect the outcome, nor does it matter whether or not you want to divorce. Clear statements of divorce will occur regardless of one’s intention, while ambiguous phrases with multiple possible meanings will depend on your intention [1]. As for your first statement, “Okay, divorce it is then”, this appears to be a clear agreement to divorce her, and thus your intention is not required. As for your second statement “We’re getting a divorce”, this could be taken as a statement of fact regarding the divorce you had already given or a future divorce, thus given you claim you did not intend divorce, in this case a divorce will most likely not occur.

Thus, it would appear at least one pronouncement of divorce has taken place. However, given that you are unsure about your intentions, it is important that you determine whether you are more or less certain that the second statement did not constitute divorce. If you are more certain that you intended divorce with the second statement, then it will count as a second divorce, otherwise one divorce has occurred [2].

And only Allah s.w.t knows best.

Written by Maulana Yusuf Badshah

Checked and approved by Mufti Tosir Miah

Darul Ifta Birmingham

[1] Raddul Muhtar, vol. 3, pg. 250, Darul Fikr:

(قَوْلُهُ أَوْ لَمْ يَنْوِ شَيْئًا) لِمَا مَرَّ أَنَّ الصَّرِيحَ لَا يَحْتَاجُ إلَى النِّيَّةِ، وَلَكِنْ لَا بُدَّ فِي وُقُوعِهِ قَضَاءً وَدِيَانَةً مِنْ قَصْدِ إضَافَةِ لَفْظِ الطَّلَاقِ إلَيْهَا عَالِمًا بِمَعْنَاهُ وَلَمْ يَصْرِفْهُ إلَى مَا يَحْتَمِلُهُ

Raddul Muhtar, vol. 3, pg. 296-297, Darul Fikr:

بَابُ الْكِنَايَاتِ (كِنَايَتُهُ) عِنْدَ الْفُقَهَاءِ (مَا لَمْ يُوضَعْ لَهُ) أَيْ الطَّلَاقِ (وَاحْتَمَلَهُ) وَغَيْرَهُ (فَ) الْكِنَايَاتُ (لَا تَطْلُقُ بِهَا) قَضَاءً (إلَّا بِنِيَّةٍ أَوْ دَلَالَةِ الْحَالِ) وَهِيَ حَالَةُ مُذَاكَرَةِ الطَّلَاقِ أَوْ الْغَضَبِ

[2] Raddul Muhtar, vol. 2, pg. 93, Darul Fikr:

(وَإِنْ كَثُرَ) شَكُّهُ (عَمِلَ بِغَالِبِ ظَنِّهِ إنْ كَانَ) لَهُ ظَنٌّ