unclear question

Answered according to Hanafi Fiqh by Askimam.org

Aslam O Alaikum

Dear Mufi

1i have a question if some one writes on a paper i give you divorce once but he does not write the acutal word he only writes (divorce) with an intention of scaring her wife but he does use actual word and he does not mean to divorce her but just wanted to scare her. so is he divorced.

2if some one having thoughts in his mind about talaq and he kept saying himself in his mind but he does not utter words from his mouth. he is having these kind of thoughts all the time and he does mean it at all he kept saying no i can’t say that.. if some one  does want to give his wife a  divorce but these thoughts kept coming while he is driving lying on the bed etc..

3if some says talaq in his mind 2 times from his heart but don’t utter the words but he says these words to get rid of waswasas and for second he thinks he said for his own will but only said in his mind.. so divorce happen or not.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatuh

Q1. Your question is not clear. You first mention “someone writes on a paper I give you divorce once” thereafter you mention “but he does not write the actual word he only writes divorce” but you go on further and mention “but he does use actual word”. Please clarify what do you mean and resend you question.

 

Q2. & 3. Mere thoughts of divorce does not cause divorce to fall. 

Al Bahr ar Ra’iq 3/235 Rasheedia
Fatawa Darul Uloom 9/34 Darul Isha’at
Fatawa Raheemia 7/258 Darul Isha’at

And Allah knows best

Wassalam

Ml. Ishaq E. Moosa,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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