Writing Kinayah words

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Question regarding actual divorce statement and metaphors:    

1) If a person writes metaphors but does not have any intention. And then posts the written metaphors to someone else but does not have any intention. The metaphors are not posetd to the wife. Then after the metaphors are posted and in the post box, then the intention happens for a minute.  what is the state of his nikkah? No intention when metaphors are written and no intention when posted.

Answer:

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

There are times when talaq is clear and unambiguous in a letter and it will effect a talaq without the need of any intention. For example if he begins the letter with “I divorce you” then in such a case talaq will be effected the moment he completes writing out the sentence. (Raddul Muhtar p.456 v.4)

However if he attaches a condition to the talaq then the ruling changes. For example if he writes that talaq will be effected the moment the letter reaches her then in such a case the talaq will only be effected if the letter reaches her. As soon as the letter reaches her a talaq is effected regardless of whether she read the letter or not because her reading is not the condition. (Ibid)

With regards to your question when you wrote the kinayah (ambiguous) words, an intention at that precise moment (when writing the divorce) is needed for talaq to occur. As there was no intention talaq would not be effected.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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