Fatwa ID: 01554

Answered by Mufti Mohammed Tosir Miah

Question:

I have confusion in my mind for many years now. Once or twice I told my husband to leave me (without any intention of divorce or khula).I don't remember if he said "yes" or "ok". I try to recall but cannot. "By the grace of Allah in my 10 years of marriage my husband never used the "d" word but I get very scared of "leave" word. My doubt that he if said "ok' or "yes' when I told him to leave me, Does it mean divorce? Or if husband says "ok" if you are not happy with me, leave me or go .My husband tells me he has never said or intended anything like this. 

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

The words which effect divorce are of two types:
1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc. Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Fatawa Hindiyah, V1, P354)

Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Fatawa Hindiyah, V1, P374)

Regarding your question, if the wife asked her husband to divorce her with words such as Give me a divorce” or “Divorce me”, and the husband responded by saying yes or ok, then a divorce will not occur. (Fatawa Hindiyyah p.356 v.1)

In conclusion, if your husband merely said “OK” or “Yes” when you asked him to divorce you, divorce would not occur

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham