Fatwa ID: 06520

Answered by: Maulana Mohammed Dilwar Hussain

Question:

A wife can’t remember how many talaks her husband gave her be it 1,2 or 3 as it was years ago.

She asked her husband do you remember how many times you said it, and also what wording you used. She wanted him to clarify and explain what he had said in the past.

In response to her question and referring to the previous conversation he had with his wife years ago he said ” the words I said was talak, talk “

My question is does the husband clarifying, and confirming what he said in the past count as a new talak?

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

Answer:

Uttering the words of Talaq (divorce) fall under two categories; Sareeh (clear wording) and Kinaya (vague wording).

If clear wording is used, such as “I divorce you” “you are divorced” or “I give you Talaq” whether they be said in person or not, via message, with witnesses present or not, etc. then this will cause talaq (divorce) to occur immediately. The wife will then need to enter into Iddah. The inference of such wording would mean Talaq Raj’i will occur which would subsequently allow for reconciliation to take place within the iddah period without the need of renewing the Nikah. Verbally uttering words or gesturing to her to return would be sufficient for the marriage to renew. Even looking at her with desire and lust would also have the same effect. If reconciliation is not done during her iddah period, then a new Nikah will need to be done along with a new Mahr being stipulated and paid. [Al-Hidāyah; volume 2, page 380] [1]

However, the use of vague wording where ambiguity remains (i.e., using such wording which would not normally infer divorce) will require an intention of divorce to be present at the time of using such wordings. If an intention of divorce is not made at the time of using such wordings, then talaq will not take place. Examples of such wordings would be, as you have said “I free you,” “I release you,” “get out of here,” “I don’t want to see you again” etc. If an intention is made then Talaq will occur. If the couple wishes to reconcile, then they will need to conduct a new Nikah along with a new Mahr being stipulated and paid. [Al-Hidāyah; volume 2, page 391-392] [2]

Simply uttering the words of Talaq or typing them up alone is not sufficient for Talaq to take place. They need to be directed towards somebody, either by saying it directly to them as described above or by mentioning the wife’s name in the sentence.

Only Allāh Ta’ālā knows best.

Written by Maulana Mohammed Dilwar Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1]الطلاق على ضربين: صريح وكناية. فالصريح: قوله أنت طالق، ومطلقة، وطلقتك، فهذا يقع به الطلاق الرجعي لان هذا الألفاظ تستعمل في الطلاق، ولا تستعمل في غيره، فكان صريح

[2]وبقية الكنايات، وهذا مثل قوله: أنت بائن، وبتة، وبتلة… لأنه تحتمل الطلاق وغيره، فلا بد من النية