Question:-
Approximately 15 years ago, in a state of anger I issued two divorces to my wife. Then, on the 22nd of May 2022, I told her in a state of anger, “You are Haraam upon me!”, not knowing that these words can actually bring an end to my marriage. By Allah, I didn’t mean to give her Talaaq. Was the divorce effective or not? Also, if the Talaaq was valid, then which type of Talaaq was effective?
Answer:-
In the queried scenario, Talaaq will be effective even though you didn’t have the intention of Talaaq when uttering the statement, “You are Haraam” to your wife. The word ‘Haraam’ is actually an ambiguous word which would generally result in a Talaaq-e-Baa’in. However, because the word ‘Haraam’ is excessively used for Talaaq, it no longer remains an ambiguous term, rather it is considered as a clear word of divorce.
It is for this reason that Talaaq issued with the words, “You are Haraam upon me”, is not dependent upon a Niyyat, nor will the circumstances under which it was uttered be considered. The moment these words are uttered before one’s wife, a divorce will be effective resulting in a Talaaq-e-Baa’in. In conclusion, your wife will be divorced thrice in total and you will have to separate from her immediately.
وإن كان الحرام في الأصل كناية يقع بها البائن لأنه لما غلب استعماله في الطلاق لم يبق كناية، ولذا لم يتوقف على النية أو دلالة الحال (شامي ص717 ج2)
وَالْفَتْوَي الْيَوْمَ عَلَى (وُقُوعِ الطَّلَاقِ بِهِ) أَيْ بِقَوْلِهِ أَنْتِ عَلَيَّ حرام (مجمع الانهر ص445 ج1)
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:-
Mufti Mohammed Desai
Date: 01 Dhul Hijjah 1443 / 01 July 2022
