Fatwa #1805017 June 2009Saudi Arabia
If a husband arugues with wife and during the argument says "i don't need you" is this a talak, even though no intention was made for talak.
Question
If a husband arugues with wife and during the argument says "i don't need you" is this a talak, even though no intention was made for talak.
Also if husband says "I give you divorce" and confirms that he has given divorce by saying "their I have given it " but was refering to the one divorce he gave does that constitute a second divorce
My third question is if a discussion was taking place between husband & wife about when divorce takes place and the husband says during the discussion "if I say for example I divorce you divorce takes place" even though it was a discussion with no intention whatsoever to divorce does divorce take place
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
1) The statement "I dont need you" will only constitute a divorce when the husband makes the intention of divorce. These words are "KINAYAH"- ambigous words which will only constitute a divorce when the intention of divorce is made.
2)This will not constitute a 2nd Divorce.This will be considered as a referal to the 1st Divorce, IKHBAAR(Reconfirming the 1st divorce), NOT INSHAA (Instituting a new divorce).
3) The statement of "if I say for example I divorce you divorce takes place" will not constitute a divorce. This is just said by way of example, NOT as the husband is instituting a divorce.
كتاب الطلاق
قال : لست امرأتي وقع إن نوى و لو زاد : و الله لا و إن نوى لاحتمال الأول الإنشاء و في الثاني تمحض للإخبار
الاشباه و النظائر ص 491 دار الفكر
And Allah knows best
Wassalamu Alaikum
Ml. Muhammad in Hashim Amod,
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa