Questions pertaining to talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1) When I said things like “if until then this doesn’t change, I go and leave you” , really intending to leave then and divorce, and no change took place until that time limit, does a kinaya divorce take place or a sarih? This happened many times. I didn’t know that ruling back than.

2) I really left her some weeks ago with a real intended kinaya divorce upon which she asked ” are you serious? And I said “yes”. The following days I talked to some persons and said things like “I left her, I divorced her, my ex-wife, I dont want her back…” ….while I had thoughts like “you divorced again by that….its over anyway”, but didn’t care because I really was thinking it’s completely over anyway. So I learned in the hanafi school that if you follow a kinaya with a clear sarih then both come into effect. But the contract broke somehow with the kinaya divorce before anyway. So how to understand this? Is following a kinaya with sarih meant that it happens in the same sentence or sitting? Is this all relevant anyway if in question 1) contract broke before.

3) If you say unintentionally words to yourself that pop in mind like “triple talaq”, is that a Problem? Like a song comes to your head and you unintentionally utter the words.

4) If in the aqd it was agreed that wife can any time make use of divorcing right “khula”……does that come in effect if wife for example said like:” if until then this doesnt change we separate ” and both agree but no mention of khula ? We wish to reconcile with a new aqd. Is this after these scenarios still possible?

Bismillaah

A:

1. If by the words ‘I go and leave you’, you had intended the future i.e. if it happens then you will go and leave her, then talaq has not taken place.

2. If sareeh was followed by kinaayah then it is valid. Since there was a kinaayah in place then with the kinaayah she comes out of the nikaah. Thereafter, whatever you have spoken was just to inform, not to initiate a divorce.

3. If you did not address your wife then there is no talaaq.

4. For the khula to be effective she needs to exercise the right of khula.

If there was a kinaayah in place and it was with one or two talaaqs then you can renew the nikaah.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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