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Regarding verbal talaaq…I uttered the word ‘talaaq’ to myself and there was no one present that could’ve heard.

Answered as per Hanafi Fiqh by Askimam.org

I have 2 questions: 1) A similar situation happened to me as stated by the brother (Question 10700 – http://islam.tc/ask-imam/view.php?q=10700) in that I uttered the word ‘talaaq’ to myself and there was no one present that could’ve heard. According to the fatwa that you issued, the statement needs to be heard and understood by another person in order to be valid. I don’t doubt what you say, but can you please provide any evidence/referrence from Qur’an, Hadith, books of fiqh, to put my mind/heart at rest. 2) if a person follows a fatwa given by a mufti, later on if by reading a kitab he accidentally comes across a fatwa given another alim which conflicts with the first fatwa. Is their any fault/sin/blame if the person, follows the fatwa of the first mufti?

Answer

1. The answer given to 10700 is non-analogous, and must only be understood in the context of the question. In your case, Talaaq will take place since it is not a condition for the validity of Talaaq that it be heard by another person. (Fataawa Darul Uloom vol.9 pg.85)

2. Because of differing proofs, it sometimes happens that there are two views on a certain Mas-alah. Therefore, if a person follows a competent Mufti in regards to Mas-alas, there is no fault/blame whatsoever.

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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