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Husband saying to wife “you are free from my side”

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: If a husband says to his wife I don’t want to live with you, you are free from my side. While fighting he continues to say I don’t need you, are these words kufr to make a nikah faasid?

Bismillaah

A: These words are not kufr. However if these words ” you are free from my side ” are generally understood to constitute talaaq in the society they live in, then one talaaq raji (revocable talaaq) has taken place.

If these words are not used for talaaq in the society they live in, but the husband intended talaaq through uttering these words, then one talaaq baain (irrevocable talaaq) has taken place. If he did not intend a talaaq, then no talaaq has taken place.

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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