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If a person utters Talaaq and repeats to himself voice is not heard by himself does Talaaq take place?

Answered as per Hanafi Fiqh by Askimam.org

Mufti sahib I would like to ask a question about Talaaq. If a person utters Talaaq and repeats to himself voice is not heard by himself and say I don’t want you and utters get out my life and voice not heard by himself and it is in heart and mind will Talaaq take place?

Jazaakallah please answer kindly.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

To merely think about Talaaq does not constitute Talaaq.[1] In your case if you had thought these words in your mind but did not mention them on your tongue, Talaaq will not take place.

And Allah Ta’āla Knows Best
Mawlana Ali bin Cassim
Student Darul Iftaa
Los Angeles, CA (USA)

Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net



[1]حاشية الطحطاوي على مراقي الفلاح شرح نور الإيضاح (ص: 219)

لو أجرى الطلاق على قلبه وحرك لسانه من غير تلفظ يسمع لا يقع

فتاوى محمودية 18/100؛ مكتبة محمودية

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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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