Husband telling the wife “I’ll divorce you”

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If my wife was saying to me she hates my attributes etc complaining about me over the phone and I assumed she was cheating on me and I reply “okay then I will divorce you ” or something like “I’ll divorce you ” metaphorically with no intention of on the spot divorce more like a future reference in a mental state. This happened 4 years ago when she was pregnant and it was more like “okay if that is how you really feel about me then I will divorce you so tell me the truth” . I can’t truly recall what I said and have thought long and hard but can you kindly tell me if it is counted as one talaaq. I truly believe it is not. I have tried long and hard to think back but can’t recall what I exactly said. I was not angry nor were we arguing, it was a general conversation but I was intoxicated and going crazy like mental depression cause of the drugs. I was also under the Influence of drugs once again and the words divorce you divorce you came out with no apparent intention and as I was intoxicated, it came out with no such meaning. I tried to prevent this but it slipped out. I was really insane and did not know what I was saying. Are these counted as talaqs also? She also said once to me over the phone to say the word ‘divorce’ knowing that I would not because I love her. I did not respond to her talaaq but replied that I have already said the word long ago. I was confirming the ‘divorce you’ talaq which I have just mentioned but was definitely not initiating another one. Again I cannot recall my exact wordings but clearly remember my intention of confirming the talaaq which was said in the form of ‘divorce you’ 4 years ago.

Bismillaah

A: Saying  “okay then I will divorce you ” or something like “I’ll divorce you ” is not counted as a divorce.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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