Fatwa: # 18051
Category: Divorce (Talaaq)
Country: Pakistan
Date: 17th June 2009

Title

I was going alone with wishpers about Talaaq and recalling few sentences from Bahshti Zewer and had to say "Talaaq dia cheezain" but only uttered Talaaq out of it.

Question

I was going alone with wishpers about Talaaq and recalling few sentences from Bahshti Zewer and had to say "Talaaq dia cheezain" but only uttered Talaaq out of it.

Will this cause any Talaaq as I said it mistakenly and there was no intention of divorcing my wife.

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh  

 

If a person merely recalls a sentence or Mas’ala regarding Talaaq without the intention of Talaaq, Talaaq does not take place.

والحاصل أن قولهم الصريح لا يحتاج إلى النية إنما هو في القضاء أما في الديانة فمحتاج إليها لكن وقوعه في القضاء بلا نية إنما هو بشرط أن يقصدها بالخطاب بدليل ما قالوا لو كرر مسائل الطلاق بحضرة زوجته ويقول أنت طالق ولا ينوي لا تطلق
البحر الرائق - (ج 3 / ص 258)

 

And Allah knows best

 

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]