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Fatwa #1109710 March 2004South Africa

My husband told me "If u go home dont come back." Now, unlike the other guy,i think he meant divorce. What happens?Is nikah broken?What steps to take if I want to get together again?Urgent please.

Answer

If your husband told you, ?if you go home, don?t come back? that is Kinaayah (ambiguous).

If your husband intended divorce, then only one Talaaq-e-Baain (irrevocable divorce) will take place. In this case, if you wish to reconcile, then a reperformance of Nikah is necessary. If your husband did not intend divorce, then no Talaaq takes place. If he stated that he did not intend divorce, that is sufficient and you are still his wif. You cannot think what he meant. He has to state his intention.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
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