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Husband telling the wife “when you were my wife”

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I write to you dear Mufti Saheb on behalf of a close family relative. The situation is regarding Talaaq. Some time ago he whilst having a discussion with his wife mentioned to her: “when you were my wife” I do not know in what context either jokingly or what but he does not recall the context but did not intend divorce, he has told her straight after this incident that if divorce had fallen he revokes it. Secondly, recently he had a heated argument with his wife in the car and told her angrily get out of the car and he recalls telling her numerous times if it would make you happy why don’t you leave? However they are extremely happy currently and he would like to know what is the status with talaaq falling?

Bismillaah

A: If he intended talaaq at the time of uttering these statements, then talaaq-e-baain has taken place. However if he did not intend talaaq at the time of uttering these statements, then no talaaq has taken place.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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