Fatwaa ID: 1587

Question:
During some time of disagreement between a couple, the husband says to his wife ‘you are free from me’ but doesn’t make his intention clear to say as such to her. However, when other family intervened to tell him not to say such things he says he doesn’t want to keep her. Has divorce taken place in this case?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

The statement “You are free from me” can have multiple meanings including divorce. Thus, the husband’s intention at the time of uttering it will be considered. If he did not intend talaaq, then talaaq will not take place. If he intended talaaq, then talaaq baain will take place. His informing the family afterwards that he does not want to keep her does not effect anything.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

01/19/1445 AH – 08/06/2023 CE | 517

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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