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Does Vocally Saying the Word ‘Divorce’ Make Me Legally Divorced?

Answered as per Hanafi Fiqh by Seekersguidance.org

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

If someone says ‘i am divorced’ or ‘i got divorced’ or ‘im not married’, does this imply the islamic talaq was given? What is the ruling when these phrases are said to other than your wife like to a co-worker or friend?

For instance, you are at work and you make up a story to pretend you are single and you are not married anymore.

Answer: Wa ‘alaykum as-salam wa rahmatullah wa barakatuh

Thank you for your question.

Executing A Divorce

These words do not entail a divorce in the Hanafi school; they are considered to be lies which have no legal consequence.

In order for someone to initiate a divorce the husband must address the wife when uttering a statement which is usually used to issue a divorce. If he does not utter such a statement, such as if he says ‘you are an Easter egg’; or if he does not address her, or refer to her through speech or pointing, etc; the divorce does not take place. For example if someone, in the presence of his wife, was reading a story out loud in which the protagonist says ‘I divorce you’ to another character, the wife of the reader will not be divorced by this statement (Ibn Abidin, Radd al-muhtar, al-Laknawi, Abdul-Hayy, ʿUmdat al-Riʿaya)

Choose Your Words Carefully

Although saying such things may not end your marriage, it does mean that it can’t have a bad effect on your life. Lying is something everyone – religious or otherwise – sees as wrong.

The Messenger of Allah (Allah bless him and grant him peace) told us, ‘Indeed the truth leads to [being] thorough righteousness (al-Birr – a word which includes all the various meanings of righteousness), and thorough righteousness leads to the Garden. Verily, a man continues to speak the truth until he is written in the presence of Allah as one who is Utterly True (ṣiddīq – the highest rank of sainthood). And verily, lying leads to wickedness; and wickedness leads to the hellfire. Verily, a man keeps lying until he is written in the presence of Allah to be a complete liar (Bukhari and Muslim).

This hadith highlights the consequences of our words, and the beauty of it is that even children can understand it.

May Allah grant us truthfulness in all its forms.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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