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She is haraam on me (talaq)

Fatwaa ID: 2376

Question:
Aslm Wr Wb

Urgent

If a man says over a phone call to his Aunty in law whilst his wife is next to him in the same room
”I am not allowed to be in the same room with her, she (the wife) is Haram on me”.

Is this Talaq Ba’in?

Clarification: Just asked and he meant divorce

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

In principle, if a person uses ambiguous yet allusive words that may imply talaaq, then his intention will be considered. If he intended talaaq, then one talaaq baain would take place. If he did not intend talaaq, then it will not count as anything. A person must be truthful to himself as Allaah Ta’aala knows the reality of his intention.

In the enquired situation, you state that the person intended divorce by his statement, “I am not allowed to be in the same room with her, she (the wife) is Haram on me”. Accordingly, this will constitute one talaaq baain. Her ‘iddah has started from the time he made the above statement.

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

11/23/1445 AH – 05/31/2024 CE | AMG3-4600

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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