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A person threat his wife with this word “talaq Samjh layna”,i.e “You can be divorce if u do this again”,his intention is just to threat her wife .

Answered according to Hanafi Fiqh by Askimam.org

If a person threat his wife with this word ?talaq Samjh layna?,i.e ?You can be divorce if u do this again?,his intention is just to threat her wife . Here at our side ?Samjh Layna? use pure as a ?threat? statement. Will threating with these words also count divorce when husband is only threating and have no intention to divorce his wife, and do not said any direct statement of divorce but only use treating statement in his native language

Answer

The word Samjh Layna means to understand it, to assume it etc. That statement has no significance in the validity or invalidity of the divorce. If the husband gave his wife a conditional divorce, then the divorce will take place if the condition comes into effect.

The ruling will be the same even if he mentioned it as a mere threat. However, if the husband says – you can be divorced if. that will not constitute divorce. The word can is an expression of a possibility. Talaq must be in an imperative sense.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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