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Divorce through Figurative Speech

Answered as per Hanafi Fiqh by ShariahBoard.org

Assalamualaikum Warahmatullah

Almost an year back, I said something to my husband over a phone call which made him mad and he made the statement “By Allah, if you did it again, those words will come out of my mouth. He then made a few more statements e.g. I had told you not to repeat it but why did you repeat it again? Then he said that if you repeat this then those three words. After a few moments he also said, you will listen to something that you will have to cry for the rest of your life, cry for the rest of your life. Please guide me regarding this situation. Was this just a warning from him or was it a conditional divorce? If this is a conditional divorce then how many divorces will take effect, one or more? I tried to inquire regarding his intention from him but he does not remember this incident. Please guide me regarding this situation, should I push him further to try and recall or should I now keep quite?

Walaikumassalam Warahmatullahi Wabarakatuhu

الجواب وباللہ التوفیق

The statement made by your husband i.e. ““By Allah, if you did it again, those words will come out of my mouth” is a threat, a divorce does not take effect as a result of a threat. The sentences uttered by him after that are ambiguous i.e. it is unclear if they are threats, talaq-e-mu‘allaq (conditional divorce) or something else, until the clarification for those statements is provided, a ruling cannot be rendered.

Therefore, you should try and think of what those sentences actually were and then resend a question to get an answer accordingly.

فقط واللہ اعلم بالصواب

 

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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