Assalamualaikum, I have a question regarding something that my husband said to me, while being in a state of anger, which I did not even hear. My husband was really upset with my behavior and thought that may be by leaving the house for a few days and staying in a hotel will help in resolving these issues. In the heat of the moment, he said to me, “Consider this Separation”. Of course, by this sentence, he did not intend to give talaq, rather his intention was to live separately for a few days and show me that he was upset. This way, I will understand the gravity of the situation and he can get some time off to cool down and think logically. Would this be considered talaq, when the word “talaq” was never uttered, and also there was no intention of talaq, not even a thought of it. Also, do we have to perform Tajdeed-e-Nikah.
Walaikumassalam Warahmatullahi Wabarakatuhu
الجواب و باللہ التوفیق
If in reality, the husband did not intend to divorce his wife using the words mentioned in the question, then talaq would not take effect and there is no need for renewing the Nikah.
وَلَا شَيْءَ مِنْ الْكِنَايَةِ يَقَعُ بِهِ الطَّلَاقُ بِلَا نِيَّةٍ(رد المحتار:۱۱/۱۷۴)
فقط واللہ اعلم بالصواب