Fatwa ID: 05482
Answered by: Mufti Muhammad Afzal Hussain
I have a question in regards to Talaq before my question I just wanted to let you know that I suffer from waswasa
I told my husband to stop saying to me to pack my bag leave every time we have an argument and that can count as talaq and he doesn’t believe me.
One day we had an argument where he was very angry then calmed down a little and said to me you want to go pack your bag and leave and if that’s talaq for you then let it. Does the talaq count in this case? I know that he didn’t have the intention to do so.
My question 2
Again during an argument I and my husband has got anger issues, he was physical then he calmed a little and said to me ( I’m not like you all you want Talaq talaq) does it count.
In the name of Allah, the Most Gracious, the Most Merciful
Answer to the 1st question:
Your waswasah would not have any impact on your husband issuing divorce whatsoever.
There are two ways for divorce to occur. 1/ Direct expression (Sareeh). 2/ Indirect expression (Kinayah). “Divorce does not occur with figurative meanings (kinayah) unless there is an accompanying intention.” [see: Badaius Sanaai, vol: 4, page: 283, publisher: Darul Hadith Cairo. Al-Kaafi fil Fiqhil Hanafi, vol: 3, page: 964, publisher: Al-Resalah Al-A’lamiah Ltd. Damascus]
Your husband’s words ‘pack your bag and leave’ is an allusion (Kinayah). All phrases of allusion have to be said with the intention of divorce, only then the divorce will occur which will be one revocable divorce.
His words ‘ you want to go pack your bag and leave and if that’s talaq for you then let it.’ As he mentioned the word ‘Talaq’ (Divorce) after an argument one Rij’ee (Revocable) divorce will be established even if he did not intend to it. (revocable divorce means husband may have recourse to his wife during her waiting period whether or not she consents to this)
Answer to the 2nd question:
In the case of your husband’s word ‘im not like you all you want Talaq talaq’ one divorce will occur by the last word of ‘talaq.’ It is mentioned in ‘Sarhul Wiqayah’ that, “If husband said to his wife – You are divorced when I’ll not divorce you, you are divorced – then one divorce will occur by his last word of ‘you are divorced.'”[See: Sarhul Wiqayah, chapter: The occurrence of Talaq, vol: 2, page: 150, publisher: Islamiah Kutubkhana Dhaka]
Only Allah Knows Best
Written by Mufti Muhammad Afzal Hussain
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham