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Telling one’s wife “You are free from my side”

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I told my wife that you are free from my side. That time I was a bit angry, not much but little angry due to a fight that occured between us. I had no intention of divorce, but I heard that even if a person has no intention of divorce but is angry, then divorce will take place with kinaya words. Will that consitute talaaq immediately?

Bismillaah

A: If these words are used for talaaq in the area you live in, then one talaaq-e-rajee will take place. However, if these words are not used for talaaq in your area, then the intention of the husband will have to be seen. If he intended talaaq at the time of uttering these words, then one talaaq-e-baain will take place. If he did not intend talaaq, then no talaaq will take place.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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