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If the husband said You are not my wife

Answered as per Hanafi Fiqh by DarulIftaBirmingham

I was out shopping with my wife and as joke I said to the cashier in conversation to the shop “that this isnt my wife” my wife was present

there was one other lady and a man present some under 10 kids I dont know if they heard. Has this nullified the marriage?

I know I shouldn’t say it…..it was stupid but have I nullified the marriage?

I have also said this more than 3 times over three different occasions through the course of my marriage, in a joke.

In the name of Allah, the most Beneficent, the most Merciful.Answer

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 your question, the phrase you said falls into the second type of ambiguous and allusive words (kinaya). Therefore, if you intended to give talaq, one talaq baain will occur. Otherwise, no talaq will occur. (Fatawa Darul Uloom Deoband p.400 v.9)

The same ruling will also apply if you say the same thing in the absence of your wife.

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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