Will a Talaaq be issue by simple imagination followed by a smile or a sound from simply the nose?

As Salamu Alaykum

I need answer about Talaaq

1. If a husband thinks (a lot) about Talaaq and talks `I divorce` or `I give Talaq` not by mouth but sound exiting via nose and following a breath (not opening the mouth). The sound is not clear because it exists from the nose. Is this Talaaq?
2. If a husband imaginary (thinking about Talaaq) and he smiles because he agrees with his imagination (niyyat + imagination + smiles because he agrees with in the imagination) but he did not say `I divorce you` with mouth but just in the imagination then smile (there is no clear sound because there is no mouth movement). Smile in this case does it mean Talaaq?

Answer:

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

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

In principle, Talaaq (divorce) will not occur if the intention of divorce is not expressed from the mouth in words[1] or in writing[2]. Hence, in reference to both your questions, Talaaq will not take place.

You should consider consulting a medical expert for the types of thoughts you experience. Appropriate medication will help the balance of your thoughts and mind.

And Allah Ta’āla Knows Best

Hanif Yusuf Patel

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.