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My question is now that in Bangladesh, it’s a bit common saying by wife to her husband that for example “are Bhai”, (oh, brother). Is it right or wrong to say the same? Would you please let know what other words or conditions beyond saying talaq should be taken place as Talaq? If anybody says like that for example: (1) Go out of me; I have no relation with you. (2) You are now free; I have no relation with you. (3) Is it true that if anybody scolds any Allama (Islamic scholar like any Deobandi), his wife will be divorced. May Allah pour you with the light of heavenly knowledge!

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
My question is now that in Bangladesh, it’s a bit common saying by wife to her husband that for example “are Bhai”, (oh, brother). Is it right or wrong to say the same? Would you please let know what other words or conditions beyond saying talaq should be taken place as Talaq? If anybody says like that for example: (1) Go out of me; I have no relation with you. (2) You are now free; I have no relation with you. (3) Is it true that if anybody scolds any Allama (Islamic scholar like any Deobandi), his wife will be divorced. May Allah pour you with the light of heavenly knowledge!

Answer

(Fatwa: 22/34/N=1433)

(1) This custom of your area should be given up, because it is makrooh for a wife to call her husband brother and vice versa though they take it as religious brotherhood. One should avoid using such words:
قال فى الفتاوي الهندية (كتاب الطلاق باب الظهار 1:507): ولو قال لها: أنت أمي لا يكون مظاهرا ، ومثله أن يقول: يا بنتي ويا أختي ونحوه ……. هكذا في الفتح القدير اهـ ومثله فى الدر والرد (كتاب الطلاق باب الظهار 5 : 131) وقال السهارنفوري رحمه الله فى البذل (كتاب الطلاق باب فى الرجل يقول لامرأته : يا أختي 3:285) : قال ابن بطال: …….فمن قال ذلك ونوى أخوة الدين لم يضره ، قلت: وينبغي أن لا يعتاد ذلك ولا يتكلم بها إلا لضرورة دعت إليه ، وأما من غير ضرورة فيكره التكلم بذلك اهـ
(2) “Go out of me” or “You are now free” both are among the metaphor of talaq words. By such words talaq takes place when the husband pronounces them with the intention of talaq, and talaq bainah takes place. And if the husband does not make the intention of talaq then no talaq shall take place with these words. And “I have no relation with you” is also metaphor word. In case of intention talaq shall take place with it but in the question mentioned above if the first sentence “Go out of me” or “You are now free” was said with the intention of talaq then with this second sentence “I have no relation with you” no more talaq will take place. But if he intended talaq with the second sentence, then one talaq bainah shall take place.
قال فى الدر مع الرد (كتاب الطلاق باب الكنايات 4: 542، 544): لا يلحق البائن البائن إذا أمكن جعله إخباراً عن الأول اهـ
(3) It is wrong. No talaq takes place by scolding any Alim. However it is improper for any illiterate or inferior person to scold or chide or show disrespect towards any Alim. One should avoid it and should respect the religious scholar.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

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

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