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Single words of divorce

Question date:   30th September 2009
From:   ifty
Short URL:   http://qa.muftisays.com?4120
Notes:   No Notes
Question ID:   4120
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Assalaamu Alaykum

Question regarding actual divorce statement and metaphors:

1) If someone says old or out of date/d, would that count? Nothing else is uttered.

2) If someone says that's enough or 'off, would that count? Nothing else is uttered.

3) If someone says Liberation would that count?

4) If someone says 'To move briskly or spiritedly' , to it, would that count? Nothing else is uttered.

5) If someone asks that have you any child and that person says 'not yet' with intention, would that count? Do metaphors need to be said directly to the person or indirectly? If I have confused you please ask me.Please forgive me if this is in length and strange.

6) If a person asks another person to write a word that is a possible metaphor with the intention in the MIND but does not say the intention to the person and only asks to write the word, can that happen?

7)If someone say an address or the first line for an address, would that count? Please reply. Jazakalla

Answer

Ulamaa
Ulamaa ID 04

Answer last updated on:
12th September 2010
Answered by: Ulamaa ID 04

Website
Location: London

Bismillah

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


The statements you mentioned above regarding 2 and 3 are Kinayah (allusive), so if the husband intended divorce with such figurative expressions or spoken in the context of divorce, then a single Talaq Ba'in (irrevocable divorce) will take effect. If three are intended, three takes effect, and if he intends two, a single irrevocable Divorce takes effect. (Al Hidayah, Chapter: Pronouncing divorce)

As for the other statements, Talaq will not count. Because the mentioned metaphors are not intended to mean divorce.


And Only Allah Ta'ala Knows Best.

--------------------------------------
Moulana Qamruz Zaman
London, UK

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