Husband said to his wife, I am free from your need

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by Mufti Mohammed Tosir Miah


Question:


I said to my wife, “I am free from your need”. I did not intend divorce by this, but what I meant was that I do not need to rely on her for financial reasons or favours such as depending on her to be told what to buy or not buy in respect of clothing and other such things. I did not intend anything got to do with sexual nature either (e.g. I did not mean I do not need her for intercourse). My wife at all did not assume such a thing to mean divorce either; she knew exactly what I meant due to the whole context of the conversation and the things which were said before and after. But just to make sure as I have OCD, did divorce occur? I am really worried as this would mean my third if it is counted.


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, 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, Hindiyah, V1, P374)


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


With regards to the situation mentioned above the statement “”I am free from your needs” falls under the category of kinaya (ambiguous divorce). As you have said in the question you did not make an intention of divorce, hence, divorce would not occur.


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham


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