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More questions about divorce statements and metaphors

Answered as per Hanafi Fiqh by Muftisays.com
Assalaamu Alaykum

Question regarding actual divorce statement and metaphors:

1) If someone is holding in their hand a bottle of drink Or a receipt or money Or a book Or some clothes Or a general paper for normal use and there might be some possible metaphors already printed on these and then all of a sudden that person gives these to the wife with intention without speaking or saying anything OR has intention whilst holding these, OR puts on a already printed poster with metaphors already written with intention in mind(does not say anything or write ), would that count? Or whilst holding these they look at the metaphors that are already printed on these and have intention in their mind and give these to the wife without speaking, would that count?

2)If someone clicks on a metaphor or the actual statement on the computer using a mouse or clicks on a link which then brings up metaphors or clicks on an actual statement or a link using the mouse on the computer with intention, would that count? No metaphor or statement is written themselves.

3)If someone points to the door or uses other hand actions with intention and dont speak , would that count?

4) If someone say ‘friends’ or mentions a name or says parent with intention would that count?

5) If someone writes a metaphor without intention. After a moment due to confusion I thought there was intention when I wrote it, but after some thinking I realised there wasn’t. So I think I verbally said to myself ‘ there was no intention at the time of writing the metaphor but the intention came AFTER a short while of writing this word’. And then after some more thinking I then said to myself ‘ there was no intention at all”. Could you tell me if this would count if I did say this? Also I would like to know If there was no intention at the time of writing the metaphor, but the intention came after 1-2 seconds, would that count? Please note that there was no intention when the metaphor was written

Answer
Bismillah

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

1, 2) Talaq will not count. Because the Talaq must initiate from the husband either in verbal or written.

3) Talaq will not count. However, if one utters divorce saying like this, and uses gestures with fingers i.e. thumb, shahadah and middle fingers, then three divorce will take effect. (see more: Al Hidayah).

If a person is dumb, his Talaq will be with gestures. (Al Hidayah)

4) Talaq will not count. Because the mentioned metaphors are not intended to mean divorce.

5) If one has written a metaphor which is intended for divorce and made the intention aswell, Talaq will take effect.

Thus, Talaq takes affect when it is clearly uttered or written and allusively uttered or written with the intention made at the same time. (Al Hidayah)

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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