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Fatwa #138099 December 2005Pakistan

Today i wanted to have sex with my wife and she was not in mood i tried to convince her but she was not ready for it , then without any intention or will words were uttered some what like , and these were either as a question or as phrase" Harram hai Tu Mere par" if i translate this in English it would be like "Haraam you are for me" or " Haraam are you for me"

Question

So far twice divorce has taken place in our marriage . I am frequent visitor of your website i have another question on divorce . Today i wanted to have sex with my wife and she was not in mood i tried to convince her but she was not ready for it , then without any intention or will  words were uttered  some what like , and these were either as  a question or as phrase" Harram hai Tu Mere par" if i translate this in English it would be like "Haraam you are for me" or " Haraam are you for me" i think it could go both way but my intention was certainly not to make her haraam on me and neither i wanted to utter these words it all just happened(Since she was refusing sex that is why they were uttered , with intention as to why she is refusing) no way it was in my mind any thing else Please let me know does it have any effect on my marriage my intention was not to make her harram on me and i intended to make comment as a question/phrase to her it was not in form of statement . Secondly i am also not 100% sure that such words were uttered as they happened to come out of my mouth without my control but looks like more likely i uttered similar to such

Answer

The statement in reference is not an express divorce statement. It would constitute divorce only if you intended divorce.

If you did not intend divorce, then that will not constitute divorce. However, you should refrain from using such words especially that you had already issued your wife two divorces.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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Today i wanted to have sex with my wife and she was not in mood i tried to convince her but she was not ready for it , then without any intention or will words were uttered some what like , and these were either as a question or as phrase" Harram hai Tu Mere par" if i translate this in English it would be like "Haraam you are for me" or " Haraam are you for me" | Fatwa Explorer