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Speaking and Intending Divorce

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: A man told his wife: “If you speak to him again, we are done.” He did intend Talaaq (divorce). But thereafter he found out from an Aalim who told him that a Kinaayah conditional Talaaq can be revoked and cancelled. So now she spoke to that man again. Does Talaaq take place and if yes, what type of Talaaq?

A: In our understanding, once a condition has been made then it cannot be revoked, therefore when she does speak to this man then one Talaaq will take place. Since the Talaaq was issued via Kinaayah words it appears to be a Talaaq-e-Baain.

If this is the first or second Talaaq that has been issued then the couple may reconcile by performing a new Nikah (marriage).

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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