My husband said to me 'I free you'

Question

me and my husband led a very happy married life for 5 yrs but we didnt have childrens the problem is from my husband site he is azospermic (sterile} last month in ramadan he is very frustrated and unintentionally he said WIFE I FREE YOU i counsil him we go in our bed room where he again said WIFE I FREE YOU stop for a while then said FOR 3 HOURS then again said WIFE I FREE YOU FOR 3 HOURS after that AGAIN SAID WITH SIGNS OF FINGERS FREE YOU FOR 3 HOURS should divorce happen as there is no intentions of him wht so ever whether divorce happens if given in 1 sitting please do reply this time as i also passed 3 menstural cycles without intercourse with him

Mufti Ebrahim Desai · Accepted Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

If your husband said “I free you” and he did not have an intention of divorce at the time of making that statement, then that will not constitute as a divorce. As such, you are his wife and you should resume conjugal relationship with him. If he intended divorce with that statement, then only one talaq ba’in will take place, even though the statement was repeated three times.

Talaq e ba’in terminates the Nikah.

If your’ll wish to resume the Nikah, a new nikah will have to be performed.

And Allah Ta'ala Knows Best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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