I had my menses and was not myself. My husband and I got into a fight. He was very angry and full of rage. I asked for a talak. He left the room. When he returned he whispered ‘talak talak talak’ to himself. I did not hear this and was unaware of it. I went to see a maulana and he indicated that there was a male jinn on me. I would like to know if the talak is valid.
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
In principle, if someone merely imagines uttering words of talaq in his mind but he does not actually pronounce the words with his tongue, talaq will not take place. Also, for talaq to take place, it is not necessary that the wife or anyone else hears the husband uttering the words of talaq; instead, if the husband even whispers (i.e. pronounces) to himself the words of talaq whilst directing those words at his wife, talaq will take place.
In your case, your husband whispered to himself ‘talak talak talak’. Obviously, he directed those words at you, as you just had a fight with him and asked him for talaq.
Based on the above, the answer to your question is that if your husband merely imagined saying ‘talak talak talak’ in his mind and he did not actually pronounce those words with his tongue, talaq did not take place. If, however, he pronounced those words with his tongue (regardless of whether or not you heard him), three talaqs took place and you are no longer husband and wife.
(Fatawa Mahmudiya: 12/192, 264-266, Faruqia; Imdaadul Ahkaam: 2/438-439)
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And Allah knows best.
Mufti Faizal Riza |