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Saying an ambiguous word of talaaq while arguing

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I understand that there has to be a niyyah when one says a phrase of kinaya talaaq. I wondered that if one is arguing, and one gets a feeling like wanting to divorce or a feeling like “come on do it now (leave her) and then says a kinaya statement like “go to your father”, all happening in seconds, is that a clear intention that is necessarry? But if the person asks himself a few moments later did you want to definetly divorce her now by that, the answer is no. What do i do now as i dont know whether it was an intention that counted or not? 

Bismillaah

A: If there is a muzaakarah of talaaq or the kinaayah word is used and it is jawaab or radd then it will construe a talaaq.

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

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Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: Could you please explain this to me with an example. Jawaab or radd is reply I think but what does is mean, like jawaab or radd to what?

 

Bismillaah

A: For example, there is a discussion of talaaq taking place and the wife asks, “Have you divorced me? and he says, “Yes.” Or she says that give me a divorce and he says, “I have given one.” Or she says, “Divorce me and free me,” and he says that I have freed you. This has the salaahiyyat of jawaab.

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

 

Answered by:

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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