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Talaq with words of allusion

Answered according to Hanafi Fiqh by Tafseer Raheemi

Question:

If you say to your wife go home for 2 weeks and come back when u can. Does that count as Talaq? and if you say marry somebody else if you can’t put up with me. Does that mean Talaq and if I didn’t know that does it still Count.

Please advise me because I heard someone saying it is Talaq but I never knew this I would never utter the words Talaq never knew it could be said in many different forms.


Answer:

Both of the above phrases are used as (kinaya) allusion that refers to Talaq, and all phrases of allusion have to be said with the intention of Talaq, only then Talaq will occur.

As you have mentioned that you had no intention whatsoever, Talaq will not take place.

It is stated in Shami Vol. 3 Pg. 296/7
و الكناياتُ لا تطَلَّق إلا بنية

(Translation) Divorce does not occur by allusions, except with intent.

What you had heard was regarding sareeh (clear cut) wordings of Talaq.

This answer was collected from Tafseer-Raheemi.com the official website of Sheikh Abdul Raheem Limbada (Hafizahullah) of UK.

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