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Does saying “we are done” constitute talaaq?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: If one tells his wife we are done 2 times is the nikkah still valid? We were not discussing divorce and it was said because she was ignoring me. I said it more out of anger but i know she has a good heart.

She is a new muslim so she is still learning. However later on i found out it was because someone in her family was forcing her to do that in order to ruin our relationship. I have never said the words “I am divorcing you to her” and my intention has always been to help her understand deen. She motivated me to become a better muslim. When i got a nikkah i didn’t have a beard. Now i have one and also am a student. Is our nikkah still valid?

Bismillaah

A: If these words were uttered with the intention of talaaq then one irrevocable talaaq has taken place. If this is the first talaaq that was issued and both of you wish to reunite then it is permissible. However, a new nikaah will have to be performed with a new mahr.

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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