If a husband arugues with wife and during the argument says "i don't need you" is this a talak, even though no intention was made for talak.

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Also if husband says "I give you divorce" and confirms that he has given divorce by saying "their I have given it " but was refering to the one divorce he gave does that constitute a second divorce

My third question is if a discussion was taking place between husband & wife about when divorce takes place and the husband says during the discussion "if I say for example I divorce you divorce takes place" even though it was a discussion with no intention whatsoever to divorce does divorce take place

Darul Iftaa Mahmudiyyah · Accepted Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

1) The statement "I dont need you" will only constitute a divorce when the husband makes the intention of divorce. These words are "KINAYAH"- ambigous words which will only constitute a divorce when the intention of divorce is made.

2)This will not constitute a 2nd Divorce.This will be considered as a referal to the 1st Divorce, IKHBAAR(Reconfirming the 1st divorce), NOT INSHAA (Instituting a new divorce).

3) The statement of "if I say for example I divorce you divorce takes place" will not constitute a divorce. This is just said by way of example, NOT as the husband is instituting a divorce.

And Allah knows best

Wassalamu Alaikum

Ml. Muhammad in Hashim Amod,

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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