Talaaq after talaaq-e-baain

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a husband and wife argue and he tells her “pack your bags and go to your mother” and she asked if it is a divorce and he replies yes. Secondly if he says “If you can’t get over, you can go” and she again asks if it’s a divorce and he says take it how you want and thirdly the wife says lets get divorced and he never spoke to her correctly and just said yes without any intention. Would all three be considered talaaq?


A: With the first statement the wife comes out of the nikaah i.e. talaaq-e-baain. Now that she is out of nikaah the second one does not count.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)