Darul Iftaa Mahmudiyyah

Would Talaaq be valid in the circumstances when I just said 3 times to my self that “I divorce you” without the intention of divorcing her?

· 2 Rabiʻ II 1425 AH1 min readFatwa 11599English

Question

AssalamoAlaikum. Since my marriage, I had some serious arguments with my wife on several occasions over the phone. She is presently living abroad. On one particular occasion, after hanging up the phone, I could not concentrate at all on my job. In order to divert my attention from this problem and focus on my job, I said 3 times to my self that ?I divorce you? without any intention of giving divorce to my wife. Now I want to know that would Talaaq be valid in the circumstances when I just said to my self that ?I divorce you? without the intention of divorcing her? In fact I was alone at home and no body knew about it and no body heard it except my ears and I had no intention to divorce her. The reality is, if I knew that Talaaq might be valid with the mere utterance of the words ?I divorce you?, I would not have said that. Please advice me purely in accordance of Imam Abu Haneefa. Jazakallah. AssalamoAlaikum

Answer

The words ?I divorce you? are clear and unambiguous. In Shari?ah, they are referred to as Sareeh (clear).

When such words are uttered, there is no need for a Niyyat to take place for the Talaaq to fall. Similarly, it is not necessary for one?s wife to be present and for her to hear the words of Talaaq.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/11599
Fatawa SA: https://fatawa.co.za/fatwa/askimam-11599

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Do three talaqs in one sitting count as three?

“The law of shariah is that once the husband issues three divorces, the nikaah totally terminates and there is no way for the husband to reconcile. Both husband and wife become haraam for each other.”

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