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Saying talaaq by the slip of the tongue without the intention of talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. My wife and I had an argument. I went to the bathroom to do wudu. In my mind I was thinking of her abusive words and imagining we are sitting with a family regarding our fighting in future. And she is using same abusive words. In answer to that in my mind I was saying “Mei tumhe”. That was just in my mind. Then in this absent minded state, right after I uttered “Talaq deta hun”. I held my tongue realizing what just happened with slip of tongue. I never even had intention of pronouncing this word. I can swear by anything that I did not even have intention of pronouncing it. But it happened with absent minded slip of tongue while thinking/imagining about it in future. Please let me know if one talaq counted.

2. Similar question but in my case there was no anger and no fight. I was alone and completely fine. My wife was not present. It just slipped out because I was thinking about the subject of divorce and I did not even think about my wife. Suddenly this thought came of her and I said the words “aap ko talaaq ho”.. if I didnt have the intention to say these words or to divorce my wife what is the ruling?

3. Also, once in anger she wrote in an sms “bye” to which I in an instant replied “bye bye bye” but had no intention of divorce. Does that also count as divorce? 

Bismillaah

A:

1. If you had intended your wife then the talaaq falls.

2. If there was no intention then it does not construe a talaaq.

3. No.

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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