Ambiguous word of talaaq
Question
My husband and I have had a lot of issues for the last 3 years. He gave me two proper talaq in November by saying, I divorce you. Then he reconciled. Again we had some differences and he said a couple of times that "tum meri taraf sey farigh ho". He also sent me two messages saying "you are free from my side and I am not interested in this relationship anymore". He messaged me that this was the last message from him. He then left the house and has been away for a month. Now he's saying that talaq hasn't taken place and I should apply for khula if I intend separation as he had no intention of leaving me despite all his messages and words. Where do I stand?
Answer
If the word faarigh in your area is synonymous with talaaq then the third talaaq has taken place.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/19919
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-19919