Thalaq in Islam

You are here:
< All Topics

Question:

Assalamu alaikum wrwb
If a man says to his wife that *I have already done one thalaq before, the rest have to do when your dad is there* . Will this consider as one thalaq?
He said it when he was angry to his wife, and he never did or says thalaq before as he says above. He just thought to frighten/ or because of the anger he said that.
Will this consider as thalaq or will this consider as a lie? It was a lie actually when he said that, as he never done a thalaq before.
Jazakallah khair

 

Answer:

(Hanafi)

Wa alaykum salam.
It is very dangerous for a husband to play around using words of “divorce”or “talaq” as they could have devastating consequences. It is recommended that he avoid using such words in the future.
Nevertheless in the scenario mentioned above, if he did not intend divorce but rather he intended to inform her of a past incident (of divorce) even though it was untrue then the ruling is that divorce would not take place diyanatan (ديانة لا قضاء ) which means we take at face value what he says he intended and it’s between him and Allah.
إذا قال لها طلقتك أو قال أنت طالق و أراد الخبر عما مضى كذبا وسعه فيما
بينه و بين الله أن يمسكها. )الفتاوى التاتار خانية ٢٦٢ / ٣ )
كتاب الطلًق، فصل فيما يرجع إلى صريح
Answered by Shaykh Mohammed Shakeeb

Most Viewed Posts

Recent Posts

Categories

Table of Contents
Top