Saying "It's done" while discussing talaaq
Question
My husband divorced me once over the phone but made ruju. Later on we had many fights. I asked him for divorce or to end the marriage and he said "ho gayi" meaning it's done, along with many other words that I don't remember. This was in person.
Then at another time after more fights, I asked him to end this and he said, "Samjho ho gayi or ho chuki" meaning consider it done. I wanted him to text me the word talaq but he said I'll send the papers in mail. I gave him the address because he asked. But he couldn't go through with it. Later on, he said since he didn't use the word divorce, it probably didn't occur.
Answer
If he was in the process of discussing talaaq and he said "hogayi" then the talaaq is valid.
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.
Fatawa SA is an independent, read-only index of fatawa already published by Mufti Online — Madrasah Ta'leemuddeen. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/31215
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-31215