Fatwa #192495 May 2011United Kingdom
1) If a man says the words ' down there' to his wife with intention...with the meaning in the mind go down ther to your mums. Does this affect his marriage?
Question
aslaam alaikum
I have 2 questions and need a fatwa urgently please.
1) If a man says the words ' down there' to his wife with intention...with the meaning in the mind go down ther to your mums. Does this affect his marriage?
2) If a person says just the word " single female" to his wife with intention, with the meaning in the mind 'you are now a single female'.
does that affect the nikkah? just " single female" is said.
Answer
Assalāmu `alaikum Warahmatullāhi Wabrakatuh,
The statement “down there” and “single female” do not constitute Talaq as there was no intention of Talaq in each of the statements.
الْكِنَايَاتُ (لَا تَطْلُقُ بِهَا) قَضَاءً (إلَّا بِنِيَّةٍ أَوْ دَلَالَةِ الْحَالِ) وَهِيَ حَالَةُ مُذَاكَرَةِ الطَّلَاقِ أَوْ الْغَضَبِ،...وَنَحْوُ...أَنْتِ وَاحِدَةٌ...(تَتَوَقَّفُ الْأَقْسَامُ) الثَّلَاثَةُ تَأْثِيرًا (عَلَى نِيَّةٍ) لِلِاحْتِمَالِ
)الدر المختار وحاشية ابن عابدين (رد المحتار) 3/ 296(
And Allah Ta'āla Knows Best,
Muftī Ebrahim Desai
Daruliftaa
35 Candella Rd, Durban, South Africa