Home » Hanafi Fiqh » Darulifta-Deoband.com » Does saying “talaq” without intention constitute divorce?

Does saying “talaq” without intention constitute divorce?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I recently got married and no one knows in my family or girls family about this situation. I get a lot of talaq waswasa in my head. One time it came out of my mouth my wife’s name and said “main tumay talaq dey” but I did not say talaq dey di or deta hun. And of course there is no intention of divorce. Also later I murmur my “wife’s name and dey di” part in heavy breathing but only thing I clearly said was word talaq but without any intention. Also later I said with my tongue “talaq dey di apni biwi ko” thinking of someone in general that gave divorce to his wife but not my wife. Does all that constitute divorce? Please let me know. I was saying this all to myself alone due to the waswasa I could not resist and words came out of my mouth. Please let me know if any of this constitutes divorce?

بسم الله الرحمن الرحيم

(Fatwa: 1295/969/B=10/1434)

No talaq takes place merely by occurring waswasa in the heart or giving talaq in heart. Yes, if you said the word “mai ne tumay talaq dey” in a way that you heard the word yourself then one talaq rajai (revocable) took place on your wife whether you had an intention of talaq or not. The word of talaq is explicit and it requires no intention. If you want, you may take her back during iddah, you will not need halalah or new nikah. But if the wife experienced three menses after talaq i.e. her iddah was over then she became bayina (separated). If you wish to live as husband and wife then you may do new nikah with mutual consent and live together.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

Read answers with similar topics: