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Are these divorce? Sameer pictures his wife physically attracted to a specific man and says the word “divorce” with the intention of giving one talaaq

Answered as per Hanafi Fiqh by Askimam.org

Assalamu-alaikum, these 2 question is bothering me so much because I’m not getting one answer, and I’ve asked more than one skeikh. 1.If Sameer pictures his wife physically attracted to a specific man and as a result, says the word “divorce” with the intention of giving one talaaq if his wife is actually attracted to the other man, does this count as one talaaq? Please note that the intention was to give one talaaq, not that by her being attracted that it automatically make her divorced once. 2. The exact same question as number one except the words”then divorce” are used instead of “divorce”. The intention once again is if his wife is attracted to that man, then he will give her one talaaq. I’m asking because I heard that promises to divorce are not divorces.

Answer

We confirm that a promise to divorce does not constitute divorce.

Point 1 of the details of your question is not clear. In the first statement, you state that the divorce was suspended to the wife being attracted ?? if his wife is??

The subsequent statement contradicts that ??the intention was to give one Talaaq?. Kindly verify.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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