Husband and Wife Differing About the Number of Divorces That Have Occured

CategoriesDivorce [623]

Fatwa ID: 05687

 

Answered by: Maulana Sibghat Ullah

 

Question:

 

 

As-Salam Alaykum so in my wife’s view I have issued 3 talaq

 

Once the first occasion, I have issued a talaq, however on the second occasion what I uttered was not a talaq but said something similar so that she thought I said the second one.

 

I have now issued the second one, but my wife is unsure and believes it’s the third one.

 

I am 100% sure the second was not uttered and the intention to divorce was not there and it was just a trick to calm her down. I never told her since now that I didn’t actually say the second one and she thinks I am lying.

 

What is the ruling on this, I still want to be with her?

 

 

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

 

Answer:

 

There are a few scenarios that I will mention which may answer your questions.

 

  1. If you have said words like “You are free” or “get out” and you didn’t intend a divorce, then a divorce will not occur. [i]

 

  1. If the situation is such that you said words that could only mean divorce in such a situation then the divorce will occur.[ii]

 

  1. If your wife thinks that you have given her a divorce and the situation was also that she could only understand it to be divorce then in such a situation divorce will occur. [iii]

 

 

Only Allah knows best.

Written by Maulana Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

[i] Radul Mukhtar, Book of Divorce, Page 703

(ف) الكنايات (لاتطلقبها ) قضاء (الا بنية اؤ دلالة الحال )

 

 

[ii][ii]Radul Mukhtar, Vol 4,  Book of Divorce, chapter of Kinaya,  Page 516, Maktabat ul Waheediya:-

الكنايات (لا تطلق بها) قضاء الا بنية آو دلالة الحال

 

 

[iii][iii]Radul Mukhtar, Vol 4,  Book of Divorce, chapter of Kinaya,  Page 516, Maktabat ul Waheediya:-

الكنايات (لا تطلق بها) قضاء الا بنية آو دلالة الحال

 

 

 

About the author