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Can certain statements or metaphors count as divorce without being directly stated to the person?

Answered as per Hanafi Fiqh by Muftisays.com
Assalaamu Alaykum

Question regarding actual divorce statement and metaphors:

1) If someone says old or out of date/d, would that count? Nothing else is uttered.

2) If someone says that’s enough or ‘off, would that count? Nothing else is uttered.

3) If someone says Liberation would that count?

4) If someone says ‘To move briskly or spiritedly’ , to it, would that count? Nothing else is uttered.

5) If someone asks that have you any child and that person says ‘not yet’ with intention, would that count? Do metaphors need to be said directly to the person or indirectly? If I have confused you please ask me.Please forgive me if this is in length and strange.

6) If a person asks another person to write a word that is a possible metaphor with the intention in the MIND but does not say the intention to the person and only asks to write the word, can that happen?

7)If someone say an address or the first line for an address, would that count? Please reply. Jazakalla

Answer
Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah’s guidance)

The statements you mentioned above regarding 2 and 3 are Kinayah (allusive), so if the husband intended divorce with such figurative expressions or spoken in the context of divorce, then a single Talaq Ba’in (irrevocable divorce) will take effect. If three are intended, three takes effect, and if he intends two, a single irrevocable Divorce takes effect. (Al Hidayah, Chapter: Pronouncing divorce)

As for the other statements, Talaq will not count. Because the mentioned metaphors are not intended to mean divorce.

And Only Allah Ta’ala Knows Best.

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Moulana Qamruz Zaman
London, UK

Original Source Link

This answer was collected from MuftiSays.com, based in London (UK). It is one of the fruits of Darul Uloom London. Many ‘ulama are involved in answering the Q&A on the site, including: Shaikul Hadeeth Mufti Umar Farooq Sahib, Mufti Saifur Rahman Sahib, Mufti Abdullah Patel Sahib, Maulana Qamruz Zaman Sahib, Mufti Abu Bakr Karolia Sahib.

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