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Husband saying that he will say talaaq

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: The problem is, that my sister and her mother in law had a raw, and as the result, her husband got furious at her mom and my sister and got agressive and dragged my sister out of their house and wanted her to leave. When things started getting worse my sister said, “OK, I will leave”. Her husband, still furious,(yelling at her) (first wanted her to leave) then put condition, if my sister will leave, he will say (Talaaq).

But my sister left, and now, her husband is calm, and they both want to live together. They have 2 children together.

This is very irresponsible behaviour from his side, thats for sure, but please advice us, is their marriage still sound? Will the marriage be broken if someone out of anger say’s something like that? 

Bismillaah

A: If this is all that he said “if my sister will leave, he will say (Talaaq)” and nothing more then no talaaq has taken place.

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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