'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
-
{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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I once said to my wife some words that would be considered implicit
divorce. My intention wasn't to divorce her but to let her know my
displeasure. I had always thought that the words have to explicit for
divorce to occur. Later on, I read on IslamQA there is an opinion that
even implicit words lead to divorce. The shaykh said the strongest
opinion is that it's not a divorce. Later on, I read the same thing on
your website and other places.My issue is that when I read a fatwa or
know about difference of opinions I always feel like if I don't follow
the strictest opinion I'm sinning. Once I read the fatwa on IslamQA I
became confused. It's a few years ago but I think when confronted by
suchdifference of opinion as a layman I was interestedin following the
scholars of Hanbali madhhab. The fatwa even mentioned ibn Qudama that
an intention is required; so, I'm not sure why I've been so confused.
I don't recall making my mind atall because I must have thought that
even if it was a divorce it was only the first one. My wife doesn't
recall I told her that she was divorced once nor do I remember telling
her such a thing. Then, last year there were two instances whenI said
implicit words and again remembered the opinion and again became
worried. I emailed the local fatwa body in our country asking them if
the words would be considered implicit divorce and fromtheir answer I
understood that the words would not be implicit words of divorce and I
was also told that implicit words require anintention of divorce. In
second instance I had told my wife to stay at her house )she was
visiting( but as I said these words I thought about the implicit
divorce issue and added the words "for a few weeks", just in case! I
was trying to get her to stand up to her mother with these warnings so
the mother won't interfere in personal matters which are resolved now.
My heart feel settled now that it's correct that an intention is
required but clarify how many times my wife is divorced.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
As we have explained previously in Fataawa 82248and 90531,
divorcethrough metaphors for divorce does not become effective without
an intention to divorce, whether these metaphors are implicit
orexplicit in nature, according to the opinion we adopt here in
Islamweb.
Accordingly, as long as you did not utter explicit words of divorce
nor did you utter metaphors for divorce with intention, then you have
not divorced your wife. If you have doubt regarding divorce, then do
not pay attention to that doubt because the basic ruling is that the
marriage is still valid and this cannot be removed by doubt.
Finally, beware of Waswasah )i.e. insinuating whispers( regarding the
matter of divorce or the like because it has evil consequences.
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