If a husband says here is your house keys and your car keys

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Asalamamu alaikum brother please help I have some doubts about talaq. Me and my wife were arguing. she is always jealous and we always end up arguing , I said to her ” here is your house keys and your car keys bye bye meaning I am going to leave her house but I was angry,  I did not want to divorce her actually i never thought of divorcing my wife. Maybe I think I was only treating her, I left the house and came back in 20 minutes and we talked and forgave each other and  continued as normal. Sheikh could you please tell me if any talaq accord because I am worried of what I said, please reply to me as soon as possible and let me know.

Answer:

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

There are two types of words which effect a divorce.

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, p 359 v 2, Raddul Muhtaar, p 465 v 2  Fatawa Hindiyah, p 354 v 1)

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)

With regards to your question, the statement “here is your house keys and your car keys bye bye” falls under the second category mentioned above ( in other words Kinaya), therefore if you intended divorce at the time of saying this statement a Talaq Baain will occur ( an irrevocable divorce), in which case the marriage will end and you will only be allowed to get back together with your wife again by renewing the Nikah/marriage. However, it seems quite clear from your question that you did not intend divorce when saying this statement, therefore no divorces will occur.

Only Allah Knows Best

Written by Molana Ishaaq Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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