A relative had an argument with his wife and his brother was inside one of the bedrooms room. He told his wife lets go to our bedroom so my brother won’t hear us. She refused. Now he is not sure what he said next, but he told me that it was something like this: “If my brother finds out then the marriage is over. However, he then immediately said: the marriage WILL be over.” Or he thinks he might have said this: “If my brother finds out then it is over. However, he then immediately said: It will be over.” In both the cases he did not intend to divorce, however, he just said it to scare her. He is 100% percent sure of this. However, his brother came out of his room and said he heard them fighting. He heard them fighting before his brother even said anything to his wife about his brother hearing. Does a talaq take place because his brother found out? Or will it not take place because his little brother said he heard everything even before the relative said that?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 164/128/D=02/1435)

In the question mentioned above, when the condition was met, the intention of husband will be taken into consideration in both the cases. If he intended talaq, one talaq bayin will take place, but if he did not intend talaq, then no talaq will take place:
کما فی العالمگیریۃ: ولو قال لھا لا نکاح بینی و بینک او قال لم یبق بینی و بینک نکاح یقع الطلاق ان نوی (1/285)

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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