Source: http://www.muftisays.com/qa/question/1977/is-this-a-divorce.html
Category: Marriage - Issues
Question ID: #1977
 
Question:
assalamu alaykum if a husband says to his wife shall i say the three words,(he doesnt say it though) then he tells the wife to get out of his house,(at the same time), will this be a talaq? please could you let me know as soon as possible,jazakallahwassalam
 
 
Answered by: Ulamaa ID 04 (London)
Date: 31st January 2010

Bismillah

Al-jawab billahi at-taufeeq (the answer with Allah's guidance)



If he intended divorce with such figurative expressions i.e. 'get out' etc, then a single Talaq Ba'in (irrevocable divorce) will take effect. If three are intended, three take effect, and if he intends two, a single irrevocable divorce takes effect. (Al Hidayah, Chapter: Pronouncing divorce)

However, if he did not have the intention of divorce then Talaq will not take effect.


And Only Allah Ta'ala Knows Best.


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Moulana Qamruz Zaman
London, UK
 
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