In my thought i would separate ( i thought) and then i said divorce three times. does this mean that i will be automatically divorced when i marry?…what if a person says if my wife does this i will divorce her or say talaq directly?

Answered according to Hanafi Fiqh by Askimam.org

I m a 21 yrs old unmarried man.

(1) i was watching a play regarding affairs. A woman in the play was meeting her friend. when her husband told her to stop she refused. After the show there was a poll and most  voted that it is ok to make friends with a boy for wife during her marriage and she should continue with friendship even if he stops. The show was pakistani and so was audience. I was very angry. I imagined that she was my wife , then i suggest that i would first influence her not to , then i would separate ( i thought)  and then i said divorce three times. does this mean that i will be automatically divorced when i marry?

I don’t know how my wife would look like … i just imagined that she was my wife or i imagined that i am one of the audience debating on the situation and said divorce…. it happenened quite a time ago… but i was amazed when i found that divorce could also happen before marriage if one says the word divorce.

(2) what if a person says if my wife does this i will divorce her or say talaq directly? 

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1.  A person says to a woman whom he has not married, “If I marry you, you are divorced”.  If he happens to marry this woman later, one talaq will take place upon marrying the woman.

If he says to her “I divorce you”, it will be meaningless and have no effect.

If he says to her, “If you do so and so action, you are divorced, the statement will have no effect.  If he happens to marry the woman, no talaq will take place even if she does that particular action after marriage.

2.  If a person says to his wife, if you do so and so action you are divorced, talaq will take place upon her doing that particular action.  If he says talaq directly to his wife, talaq will take place.

Bahishti Zewar (1/393) Zamzam Publishers

And Allah knows best

Wassalam

Ml. Ehzaz Ajmeri,
Student Darul Iftaa

Concurred by:

Ml. Abu Yahya
Student Darul Iftaa

Darul Iftaa, Madrassah In’aamiyyah

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