Q: I am married and I had a argument with my wife. Whilst arguing one thing I said to her whilst in anger was “I will give you divorce” My intention
was that I would consider a talaaq not give a talaaq. We carried on arguing and I kept telling her to be quiet and speak to me slowly. She did not and this made me very angry and in that situation I said “I give you I give you one” realising that what I was about to say could break our marriage I stopped short of saying anything else. I did not mention the Talaaq word when I said “I give you” as I realised what it would mean I had given divorce. It was not my intention to give talaaq, my intention was to stop the argument. I have been told that I have used kinayah words and because I had realised what it would mean if I had said the Talaq word and I stopped short of saying the actual word and I did not have intention of divorce, the Talaq has not taken place. Can you please confirm that what I have understood is correct. Please note I follow the Hanafi school of thought.
A: If you intended divorce then only will the divorce take place.
And Allah Ta’ala (الله تعالى) knows best.
فالكنايات لا تطلق بها إلا بنية (شرح التنوير 3/296)
وتقع رجعية بقوله اعتدي واستبرئي رحمك وأنت واحدة (تنوير الأبصار 3/302)
Answered by:
Mufti Zakaria Motala
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)