Fatwa #1381813 December 2005Canada
"You are haram for me," it counted as three pronouncements of divorce. Malik said, "That is the best of what I have heard on the subject."
Question
What is the authencity of the following Hadith
Book 29, Number 29.1.6: Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce. Malik said, "That is the best of what I have heard on the subject."
Is this opinion to be followed or not , please clarify
Answer
If a person said the above words without the intention of divorce, it will not be considered as divorce. However, if an intention to divorce was coupled to the utterance of these words, then divorce will occur. If 3 divorces were intended, 3 divorces will occur. However, if one or two divorces were intended, then only one divorce will occur. (Muheet al-Burhaani vol.4 pg.420)
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai