1) If you dont come back to me and fix it enti talak. (sent at 12:21 am)
2) Now is your only chance (sent at 12:22 am)
3) you must come before 1 am if your not at the door im going to come to your parents house and divorce you. (sent at 12:42 am)
Did divorce take place? Please note the following:
– I did not go to him and he didn’t come to my parents’ house.
– In the first message, by “fix it” he meant I needed to come home and fix what we were fighting about.
– Later on, I asked my husband the following question:
“When you were writing the first message, did you have any time period in your mind before which you wanted me to come home and ‘fix it’?”
His answer to the above question was that he did not have any time period in his mind when he wrote the first message.
Answer:
The second and third messages are not statements of divorce (the third message is merely a promise/threat of divorce); hence, no divorce will take place due to these two messages.
However, the first message is a conditional divorce statement. In this conditional divorce, your husband did not specify or intend any time limit. The ruling on this is that no divorce will take place yet. However, if you do not go back to your husband and resolve the dispute (that he referred to when he said “and fix it”) until you or your husband dies, then divorce will take place at the last moment of your/his life.
(Fatawa Mahmudiya: 13/75; Imdaadul Ahkam: 2/511)
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And Allah knows best.
Mufti Faizal Riza |