Is the following statement Kinaya

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by Mufti Mohammed Tosir Miah


Question:


I was thinking something about my wife to myself whilst I was alone – I can’t exactly remember what it was that i was thinking about but I was annoyed about something in relation to my wife – then I uttered the sentence: “Go fuck yourself!” I did not intend divorce at all. However, does the above sentence mean Sarih divorce? Please do clarify. 


Answer:


Bismillah


The words which effect divorce are of two types:

1) Clear and plain words (sareeh)

2) Ambiguous and allusive words (kinaya)

Sareeh means expressly pronouncing the word divorce or words derived from it, such as: “I divorce you” or “you are divorced” etc. Clear and plain words effect divorce whether one intends divorce by them or not. (Hidayah, V2, P359, Raddul Muhtaar, V2, P465, Fatawa Hindiyah, V1, P354)


Kinaya means using words that are not exclusively prescribed for issuing divorce, but alludes and hints to it. Kinaya words do not effect divorce unless one intends divorce by them or it is determined by the circumstance one is in. (Hidayah, V2, P373, Raddul Muhtaar, V2, P501, Fatawa Hindiyah, V1, P374)


The kinaya words effect talaaq  bain when one intends divorce by them. (Hidayah, V2, P374, Raddul Muhtaar, V2, P507)


The sentence you said falls under Kinaya, hence, unless you intended to divorce your wife, no divorce will occur.


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham


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