Kinaayah
During an argument, the husband said to his wife once, “Look for another man.” The statement was intended as Kinaayah (indirect expression) of divorce. Before and around the time of uttering it, the husband repeatedly had the same general intention in his mind, “Divorce will happen if I say this / divorce will take place.” This intention occurred repeatedly, but he uttered the Kinaayah statement only once.
At the exact time of uttering the statement, he did not intend or think of the number three (three divorces). There was no intention such as, “I am giving her three divorces.” His intention was only divorce in general. This is the first such incident between them; there had been no previous statements of divorce. Both spouses regret the divorce. What is the status of their Nikaah?
Q1) Does repeatedly having the same intention of divorce, while uttering the statement of Kinaayah only once, cause multiple divorces to take effect?
A1) In the queried scenario, only one Talaaq has taken place since the husband uttered the statement, “Go find another husband,” only once. Repeatedly having the same intention does not enact more divorces.
Q2) Can it possibly amount to three Talaaqs despite the fact that the words were spoken only once, and there was no intention of three?
A2) No.
Q3) If one Talaaq takes place, what type of Talaaq is it according to Hanafi Madhab?
A3) Since the husband did intend a divorce with the statement above, one Talaaq-e-Baa’in (irrevocable) will place. Now, the husband will have only two more Talaaqs left.
Q4) Can the couple resume their marriage without Halaalah? If so, what is the correct Shari’ procedure?
A4) Since this divorce was an irrevocable Talaaq, they will simply have to renew the Nikaah in the presence of two witnesses with a new Mahr.
Q5) Is Halaalah required in this case?
A5) No.
Q6) Has the wife become permanently unlawful to the husband, or can they lawfully remain together/reunite?
A7) No. This has been explained in Q3.
مختصر القدوري (ص: 159)
وإذا كان الطلاق بائنا دون الثلاث فله أن يتزوجها في عدتها وبعد انقضاء عدتها
بدائع الصنائع في ترتيب الشرائع (3/ 187)
فإن كانا حرين فالحكم الأصلي لما دون الثلاث من الواحدة البائنة، والثنتين البائنتين هو نقصان عدد الطلاق، وزوال الملك أيضا حتى لا يحل له وطؤها إلا بنكاح جديد
ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!
ANSWERED BY:
Mufti Abdul Kader Fazlani
Date: 10 Rabi-ul-Aakhir 1448 / 22 September 2026
CHECKED AND APPROVED BY:
Mufti Yacoob Vally Saheb