Fatwa ID: 02261
Answered by Maulana Jamal Ahmed
Question:
I have received further information from the brother so to clarify
please disregard my previous message.
Salaam Shaykh,
I have a very important and urgent question. A husband and wife were
arguing over text and the conversation went like this:
Husband: I'm so ******* fine
Wife: Shall we continue?
Husband: Divorce
Husband: Divorce
Wife: Say it
Wife: I don't care
Wife: Literally done with you
Wife No way am I taking this
Husband: Then just **** off
Husband: You crazy *****
Wife: Say it so I can
Husband: Ok
Wife: Believe me I want to
Wife: Am dying to
Husband: Divorce
Wife: I'm not going to go through the shit you put me through
Wife: Ok now that's done – I have Quran in my hand as well
I have read their conversation and spoken to the husband who said
'divorce' to get his wife off his back and said it after they had argued
over the phone. He knew if he said it a third time the message would
sink into his wife's head to leave him alone for a few hours and stop
arguing. So to emphasise his point but not for an actual divorce he said
it a third time knowing this would stop the argument. Further to this as
he was typing the first 'divorce' he said to himself 'In Shaa Allah
divorce.'
Is this divorce valid? Could you please back to me as soon as possible
either via email or phone.
Jazakallah
Answer:
Waalaikum salaam
Sayyiduna Abu Hurayrah (radiyallahu ‘anhu) reports that Nabi (sallallahu ‘alayhiwasallam) said:
There are three things which, whether undertaken seriously or in jest, are treated as serious; Marriage, divorce and taking back a wife (after a revocable divorce)
(SunanTirmidhi, Hadith: 1184, Sunan Abi Dawud: Hadith: 2194 and Sunan Ibn Majah, Hadith: 2039)
Based on the above hadith, if someone uses a clear and unambiguous word like divorce, then divorce will take place whether he intended to give talaq or not.
If someone gives talaq but says ‘inshaallah’ immediately, then talaq does not take place. But he has to say inshaallah so that someone close to him can hear him, if he says it in his mind, it has no bearing on the talaq.
When the wife said “No way am I taking this” and the husband said “: Then just **** off”. This statement of the husband could mean ‘get away from me’ or just a swear. If he meant to give talaq with this word then one irrevocable talaq will take place.
In your case the husband said ‘divorce inshaallah’ then he wrote the word divorce three times all together, so the verbal talaq did not take place but the written three talaq took place.
(وَلَهُ وَلَا التَّلَفُّظُ بِهِمَا) أَيْ بِالطَّلَاقِ وَالِاسْتِثْنَاءِ (قَوْلُهُ أَوْ عَكَسَ) أَيْ كَتَبَ الطَّلَاقَ وَتَلَفَّظَ بِالِاسْتِثْنَاءِ (قَوْلُهُ أَوْ أَزَالَ الِاسْتِثْنَاءَ إلَخْ) أَشَارَ بِهِ إلَى قِسْمٍ رَابِعٍ، وَهُوَ مَا إذَا كَتَبَهُمَا مَعًا فَإِنَّهُ يَصِحُّ أَيْضًا وَإِنْ أَزَالَ الِاسْتِثْنَاءَ بَعْدَ الْكِتَابَةِ فَافْهَمْ.
raddulmuhtar, vol. 3, pg. 368, pub. darulfikrbeirut.
وَحَالُ الْغَضَبِ وَالْخُصُومَةِ يَصْلُحُ لِلشَّتْمِ وَيَصْلُحُ لِلطَّلَاقِ فَبَقِيَ اللَّفْظُ فِي نَفْسِهِ مُحْتَمِلًا لِلطَّلَاقِ وَغَيْرِهِ، فَإِذَا عَنِيَ بِهِ غَيْرَهُ فَقَدْ نَوَى مَا يَحْتَمِلُهُ كَلَامُهُ.
badaiassanai, vol. 3, pg. 107, darulkutub al ilmiyah
(قَوْلُهُ مَسْمُوعًا) هَذَا عِنْدَ الْهِنْدُوَانِيُّ وَهُوَ الصَّحِيحُ كَمَا فِي الْبَدَائِعِ. وَعِنْدَ الْكَرْخِيِّ لَيْسَ بِشَرْطٍ (قَوْلُهُ بِحَيْثُ إلَخْ) أَشَارَ بِهِ إلَى أَنَّ الْمُرَادَ بِالْمَسْمُوعِ مَا شَأْنُهُ أَنْ يُسْمَعَ وَإِنْ لَمْ يَسْمَعْهُ الْمُنْشِئُ لِكَثْرَةِ أَصْوَاتٍ مَثَلًا.
raddulmuhtar, vol. 3, pg. 368, darulfikrbeirut.
Please click on the following link to understand the ruling of divorced given via text message:
http://daruliftabirmingham.co.uk/husband-forced-to-text-three-talaqs-to-his-wife/
Only Allah knows best.
Written by Maulana Jamal Ahmed
Checked and Approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
