I am setting you free

CategoriesDivorce [560]

I had quarrel with my wife on very small issue. I became angry and told her that I am setting you free and you can go anywhere you want. (May tumay azad karta hoon, tumay jahan jana hay jaoo). While saying this, my intension was not to give her divorce, but just to threaten her. The circumstances under which I said this was that my wife want to go to a doctor by bus and train whereas I was asking her not to go by herself, instead I will take her myself. But since I was little busy and she was insisting continuously because she was getting late to pick our child from kindergarten, therefore I become angry on her and said her that I am setting you free and you can go anywhere you want. Please tell me by saying such phrase our marriage is still intact or not? I am having wasawas and very much worried.

In the name of Allah, Most Compassionate, 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, 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, Hindiyah, V1, P374)

The kinaya words effect talaaq e bain (distinct divorce) when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)

With regards to the situation mentioned above, the statement “I am setting you free and you can go anywhere you want. (May tumay azad karta hoon, tumay jahan jana hay jaoo)” falls under ambiguous and allusive words (kinaya). Therefore these words will not effect divorce unless one intends it or the situation indicates towards it. As you mentioned that you did not intend divorce by the statement then divorce will not have taken place.

Only Allah knows best.

Sayeedur Rahman

Darul Ifta, Birmingham

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