Answered by Shaykh Abdul-Rahim Reasat
Question
I told my wife “we are done if you leave [this house right now]” with the intention of divorce only as a threat. My wife left the house but did not understand that there is not only explicit wording for divorce but also implicit wording for divorce. If she understood that I meant divorce, she wouldn’t have left. Regardless, I took her back verbally, but my question is did that count as a talaq since she didn’t fully understand my intention and conditional statement?
Answer
I pray you are well.
Firstly, I would say that you need to renew your nikah if you wish to remain with your ex-wife. The divorce you issued was an implicit divorce (kinaya). Taking her back requires a new contract and a new payment of mahr. For the explicit divorce (sarih) a verbal statement suffices. [Maydani, al-Lubab fi Sharh al-Kitab]
In answer to your question, her not knowing is of no consequence. What matters is that you knew what you were doing when you made the statement with the intention.
Do your best to refrain from threats like that in the future. It clearly didn’t work. The Messenger of Allah (Allah bless him and give him peace), encouraged us to say only the good, “Whoever believes in Allah and the Last Day let him say that which is good or be silent.” [Bukhari]
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani