Innocuously Saying You Are Free Without the Intention of Divorce

CategoriesDivorce [623]

Fatwa ID: 06170

 

Answered by: Shaykh Ahmed bin Mohamed Umarji

 

Question:

 

When talking to my wife no argument no mention of divorce or anything my wife said to me to order something online basically a hot water bottle and I said it double in price due to paying also for delivery so I said forget it when you are FREE find one or look for one online and I will order by saying when you are free to look online no intention of divorce we were not arguing the concept of separation divorce was not mentioned I wasn’t angry I was in senses I had no intention of divorce the word free was used in sense of as my wife works 2 days and watches my daughter 5 days I watch her 2 days I work 5 days we have a very busy life and Alhamdulillah I still pray and make sure deen is first so yeah free I meant by when you have time or are available then search online so I can order after saying that statement I then for a few seconds later thought oh no free can mean divorce but 100% I didn’t intend am I ok?

 

 

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

 

Answer:

 

Divorce did not occur in this circumstance. For a divorce to occur with the words “You are free” there needs to be an intention of divorce.1 Since you did not intend to divorce, divorce did not occur.

 

 

Only Allah knows best

Written by Shaykh Ahmed bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 

1 فَقالَ أصْحابُنا: قَوْلُهُ: سَرَّحْتُكِ وفارَقْتُكِ مِن الكِناياتِ لا يَقَعُ الطَّلاقُ بِهِما إلّا بِقَرِينَةِ النِّيَّةِ كَسائِرِ الكِناياتِ – بدائع الصنائع في ترتيب الشرائع – دار الكتب العلمية – مجلد: 3 صفحة: 106

 

 

 

 

 

 

 

 

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