Asallam U alaikum, Could you tell me if husband said statement in
anger 'get out of here' without intention of divorce, however because
couple were unsure of ruling wife said say 'take me back' and husband
said 'i take u back ' on the wife's request however he didn't have any
intention of divorce to begin with, is this still not counted as one
divorce as there was no intention of divorce in the first place? Or
does his saying 'I take you back ' make it count as one?
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.
If the husband says to his wife 'get out of here', this does not make
divorce take place unless he intends to initiate a divorce. Kindly,
refer to the Fataawa 90531and 98703about the metaphors of divorce.
As for the statement of that husband to his wife 'I take you back',
believing that divorce had taken place, this does not entail the
occurrence of divorce and it has no effect at all.
Allaah Knows best.
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