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Using kinaaya words of talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Are the word s(leave) or (chor dena in urdu) kinaya words or sareeh words? I live in USA and we use these words in so many different meanings in both english and urdu.

For example, I have dropped off my brother at airport (in urdu, mein ne apne bhai ko airport per chor dia hai), he has quit smoking (Us ne cigrette peena chor dia hai), He has left the job (Us ne job chor di hai), I am leaving for work (Mein kaam per ja raha hoon), I have left my brother to my uncle’s house for couple of hours, etc.

We use these words in general in our routine life. I have watched few videos on youtube, some of them say it is sareeh depending upon their urf like in Pakistan and some say it is kinaya. Some say that if a word has more than one meaning then the intention is required. We don’t know what is the urf here in USA because here the Muslim community is from so many different Muslim countries around the world and they speak different languages. Can a person use these words for his wife if he has no intention of divorce. Please guide me about it. I asked this question from my family elders who are living here in USA for years, they say these kind of words require intention. It becomes so difficult sometimes to talk with my wife because of the choice of these words. Please guide me about it.

Bismillaah

A: If there is no urf then the intention will be considered.

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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