Fatwa ID: 05776

Answered by: Mufti Afzal Hussain

Question:

I have a question and need your answer, please. On the 6th of December, I had an argument with my wife. I was on my way to work and was typing a what’s app message. I typed I hate you and when typed that, I was saying to myself I am not divorcing her, then I wanted to say u have a toxic personality but due to the smartphones buttons, it got misspelt. then I deleted it and wanted to type have but deleted it and then typed u ja. At the time when I typed that, so many things were going on in my head and had some images in my mind too as if I am being told to type it and direct it to my wife as soon as I looked on the What’s app my heart sank, and I quickly said to myself I am not divorcing her, and I deleted the what’s app message. Now since that day I have not been able to sleep, eat or work properly as I keep recalling and I keep re-enacting that scene when I was typing the message and whether it was the images and I was thinking that I should write this, what was my intention, and could it be I may have intended, did I use the word of divorce or not and these kinds of thoughts are coming to my mind. I swear upon Allah that I cannot remember what my intention was or if I used the word of divorce.  I would also like to mention here that I am a person who is afflicted with Waswasa illness and sometimes if my wife asks me can I go downstairs or shopping and if I say yes or go then  I have this Waswasa in my mind that my intention is to divorce. I hardly use the word go or Jao in my conversation just in case it doesn’t become my intention. I am a mentally very disturbed man. I am 40 years old and sometimes I wish I could come in front of the train or maybe when I am driving I smash my car and I fall unconscious, this illness of Waswasa is affecting me very badly. Therefore, please give your opinion on the above question. May Allah reward you. Wasalam.

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

Answer:

There are two ways for divorce to have occurred.

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 word ‘Ja’ constitute the meaning of ‘Go’ which is a (Kinayah) allusion that might refer to divorce as well as other than divorce. All phrases/words of allusion have to be said with the intention of divorce for divorce to be effective. Your statement ‘I was saying to myself I am not divorcing her’ clearly indicates that your typing ‘Ja’ was not accompanied with intention of divorce. Therefore, divorce will not occur.

Regarding Waswasah:  It was narrated that Abu Hurairah said: “Some of the companions of Prophet came and asked him:  ‘we find in ourselves something that is too awful for any of us to speak of it.’ He said: ‘Do you really find that?’  They said ‘yes.’ He said: ‘That is clear faith.'” [Muslim: 340/132, Chapter 60: Clarifying the Waswasah with regard to faith. Abu-Dauwd:5111]

It was narrated that Abu Hurairah said: “The Messenger of Allah said Allah has allowed for my Ummah whatever occurs in themselves (crosses their mind) so long as they do not speak of it.” [Muslim331/127, Chapter 58: Allah allows a person’s thoughts and whatever occurs in his heart so long as they do not become established. Bukhari:2528, Chapter: What is said about manumission and divorce by mistake or by forgetfulness. Then manumission of the slave should be for Allah’s sake only]

Allah’s Messenger said: “Shaitan comes to one of you and says, who created so-and-so? Who created so-and-so? Till he says, who has created your Lord? So, when he reaches up to such a question, one should seek refuge with Allah and give up such thoughts.” [Bukhari: 3276, The Book of the Beginning of Creation, Chapter: The Characteristics of Iblis and his Soldiers]

Only Allah Knows Best

Written by Mufti Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham