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