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Husband saying “if I ever enter this house then I divorce”

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A person was standing in his in-laws house. Some argument with his sister in-law turned into heated debate and in extreme anger he said that if I ever enter this house then I divorce. He did not mention his wife’s name or even not pointed towards her. She was not even present there. He stopped just on that word and when others asked him what he meant he said he was in anger and do not have any intention of saying that. The things normalized after that and he was again happily sat with them. He left his in laws house after a day. Now question is if he ever enters that house, will there be any divorce while he is saying that he did not have such intentions and word slipped out of his mouth.

Bismillaah

A: A divorce is only issued to the wife, not to anybody else. Hence, even if he did not direct the divorce to his wife it will be meant for her only. However, if he is sure and certain that he did not intend his wife and he is prepared to take an oath on this understanding the delicate nature of the situation, then the ruling will be different.

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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