Fatwa ID: 06092

Answered by: Alimah Zakiratul Hoque

Question:

If someone says take 3 to his wife. Is saying take 3 a metaphor of divorce. But really he wanted to say take 3 capsules but due to waswas, he is having doubts. Is saying take 3 as a metaphor for divorce in any case. I think it doesn’t as there’s no mention of divorce so am I right in thinking it’s not divorced whether intended or not

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

Answer:

When it comes to Kinayah phrases:

لا يقع بها الطلاق إلا بالنية أو بالدلالة

“Divorce does not take place except with intention or by indication” (Fatawa Hindiya, Vol 1, Pg 410)

In your case, there was no intention or indication of divorce. Therefore, no divorce took place.

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham