Talaq

22 Jan 2023 Ref-No#: 4568

Assalamualaikum mufti sb, i and my wife had an argument my wife asked me to leave her, her exact words were “leave me” she says she didn’t mean to divorce her she just said it out of anger, i and my wife both have no idea what did i say in reply to her absolutely no idea I’m saying this with true honesty by swearing on Allah swt ,i get this waswasa that i might have said “okay” but i am not at all sure if i said “okay” ,and we didn’t even know that a talaq can take place in such a manner until i watched some clips on youtube, she says had she known she wouldn’t have said it, now that we both have no idea what i said will it be considered as talaq, please let me know as i am very much worried, please answer as per the hanafi maslaq

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

 

Wa alaykumus-salāmu ‘ wa-rahmatullāhi wa-barakātuh.

 

 

Divorce despite its permissibility, is a reprehensible thing. It can take effect with just the slight slip of tongue, indicating that respectful communication is what Allah ﷻ prefers between couples.

 

1: In the enquired situation, divorce was not intended. Hence, your nikaah is still valid.

 

 

2: In principle, divorce with statements that are not specific to divorce but do contain divorce as one of their possible interpretations , takes effect only when divorce was intended at time of making these statements or the situation stand in place of an intention, such as done in the state of anger or while discussing divorce. In that instance, one talaaqe-baain (irrevocable divorce) takes place, terminating the nikaah immediately.

 

 

3: Ignore wasawis. They are from shaytan to reduce the life of the Believer to a mess, instead of a means to achieve heights of this world and the hereafter.

 

 

And Allah Ta’āla Knows Best