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Husband said to his wife You are Free from my side

Answered according to Hanafi Fiqh by DarulIftaBirmingham
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Answered by Mufti Mohammed Tosir Miah


Question:


One day me and my wife were arguing severely on a routine home matter and in anger, without any intention of DIVORCE, I said to my wife that ‘ YOU ARE FREE FROM MY SIDE 1 OR 2 TIMES’. Does by saying this i have divorce to my wife?


Answer:


Bismillah


In an earlier fatwa which can also be found on the Darul Ifta Birmingham website I have mentioned that word such as ‘I freed you’ or ‘I have let you go’ are ambiguous words in general, however these sentences have been used in everyday language in place of Talaq thus by saying ‘I freed you’ once or twice will constitute one or two Talaq Raji.  If it is used thrice then the wife will become unlawful to the man forever.  (Raddul Muhtar p.530 v.4)


However, after consulting my respected teachers regarding this issue, they said ‘I freed you’ or ‘I have let you go’ is considered a Talaq Raji or a revocable divorce if one says it in the Urdu language. If one said ‘I freed you’ or ‘I have let you go’ in English it will constitute one irrevocable divorce if one made the intention of divorce. (Fatawa Hindiyyah, V1, P374)  


Therefore, in your situation, as you did not make an intention of divorce, divorce will not occur.


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham


This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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