If the husband says if you go work you are divorced

CategoriesDivorce [528]

Assalamu Alaikum

 

I said in anger to my wife "if you go to job then consider it talaaq" Despite my warning she went to job.

 

When her uncle inquired me what I have said in actual then I lied him intentionally and told him that I have said "If you go

 

to job 2nd and 3rd time then consider it full talaaqs"

Now my wife has gone to job second and third time as well. Are our marriage ties broken forever or still any hope. 

 

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

 

Answer

 

With regards to your question, when you first said to your wife “if you go to job then consider it talaq” is considered in the Hanafi Fiqh to be of Taleeq. Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

 

According to Imam Abu Hanifah (RA), all types of taleeq are valid and if the condition is found the divorce will occur. On the other hand Imam Shafi (RA) and Imam Ahmad Bin Hanbal (RA) are of the view that all types of taleeq are invalid and divorce will not occur.   (Dars Tirmizi p.491 v.3)

 

It is narrated from Saaiduna Abdullah Ibn Umar Radiallahu Anhu that he said, “If a man says ‘When I marry such a girl, she is divorced’ then this will occur when he gets married to her.  And if he gave her one divorce or two or three, this will occur (after he marries her) according to what he had said.”   (Muwatta Imam Muhammad p.254)

 

Therefore, when your wife goes to work then one talaq will occur.

 

With regards to the second statement when you lied to your wife’s uncle and said to him that I said to my wife, “If you go to job 2nd and 3rd time then consider it full talaqs" will not effect a second and third talaq.

 

The reason for this is because the aforementioned statement is a  “khabar” i.e. something, which has happened in the past, and for talaq to occur, the husband would need to say an “inshaa” sentence i.e. to make something happen. Furthermore, in the Arabic language a “khabar” has the possibility of being true and false. (Raddul Muhtar p.69 v.4)

 

Therefore, in the aforementioned situation, only one talaq has occurred.  The husband can take her back if he revokes the divorce before the ending of the three menstrual periods (if she still menstruates) or three months. The choice of taking the wife back lasts only during the iddah period. At the expiry of this time, the rujuu also expires. There is no need for halalah in this situation. (Bahrur Raaiq p.50 v.4)

 

The jurists have listed two ways of effecting rujuu, one by speech and the other by action. It is more praiseworthy to make rujuu by speech rather than action. (Raddul Muhtar p.24 V.5)

 

To effect a rujuu by speech the husband can say, “I have taken you back”, or “I have retained you”. Rujuu will be effected whether the wife is in front of him or not, however where the wife is not present it is best to have two. (Raddul Muhtar p.25 V.5)

 

The jurists have placed the condition of there being lust and desire on the part of either the husband or wife if rujuu is initiated by action. If there is no desire then rujuu is not affected. Therefore, to touch the wife, have intercourse with her, to kiss her including her face, forehead and lips and also to touch her with or without an intervening cloth where the heat of the body is felt with desire, will effect rujuu. (Ibid)

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham.

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