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Talaaq query: lying, text and to the face

Fatwaa ID: 1992

Question:
Assalaamualaikum mufti can the following talaq question be answered

My husband married someone behind my back. They are now divorced. He lied to the community and told them he divorced me by writing on a piece of paper and posting it through my door. He admitted to me that he didn’t do this. I need to know if this is valid.

Secondly after this he has said to me on two separate occasions via text message that our marriage is finished

He also gave me one talaq already last year which he said to my face

What type of talaq is this? And do they all count

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

We take note of the details of your query. There are three incidents that you refer to. The answers are as follows:

  1. In principle, lying in regards to the issuance of a divorce, in the past tense, does not constitute talaaq, provided that that was his intention. If he intended divorce or he intended joking, then talaaq will take place. However, it should be noted that if the wife was to take him to an Islamic court on account of his statement, then his intentions will not be considered. His words will be taken at face value.
  2. The statement “our marriage is finished” is ambiguous in its application and has various possibilities in regards to what was meant by this. If the husband intended thereby talaaq, then talaaq took place. If he did not intend talaaq, then talaaq did not take place. The husband should be reminded to be Allaah-conscious.
  3. The talaaq issued directly to you is valid. That would count as a talaaq raj’ee.

The total count of talaaq and whether all that would count as a mughallazah/permanently irrevocable divorce would depend on the intentions in the above cases. Based on his intentions, you may determine that or you may revert to us with further details.

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

06/06/1445 AH – 12/20/2023 CE | AML1-8647


وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


البحر الرائق شرح كنز الدقائق (3/330)
ﻗﺎﻝ: ﻭﻟﻮ ﻗﺎﻝ: ﻻ ﻧﻜﺎﺡ ﺑﻴﻨﻨﺎ ﻳﻘﻊ اﻟﻄﻼﻕ، ﻭاﻷﺻﻞ ﺃﻥ ﻧﻔﻲ اﻟﻨﻜﺎﺡ ﺃﺻﻼ ﻻ ﻳﻜﻮﻥ ﻃﻼﻗﺎ ﺑﻞ ﻳﻜﻮﻥ ﺟﺤﻮﺩا ﻭﻧﻔﻲ اﻟﻨﻜﺎﺡ ﻓﻲ اﻟﺤﺎﻝ ﻳﻜﻮﻥ ﻃﻼﻗﺎ ﺇﺫا ﻧﻮﻯ ﻭﻣﺎ ﻋﺪاﻩ ﻓﺎﻟﺼﺤﻴﺢ ﺃﻧﻪ ﻋﻠﻰ ﻫﺬا اﻟﺨﻼﻑ ﻗﻴﺪ ﺑﺎﻟﻨﻴﺔ ﻷﻧﻪ ﻻ ﻳﻘﻊ ﺑﺪﻭﻥ اﻟﻨﻴﺔ اﺗﻔﺎﻗﺎ ﻟﻜﻮﻧﻪ ﻣﻦ اﻟﻜﻨﺎﻳﺎﺕ ﻭﻻ ﻳﺨﻔﻰ ﺃﻥ ﺩﻻﻟﺔ اﻟﺤﺎﻝ ﺗﻘﻮﻡ ﻣﻘﺎﻣﻬﺎ ﺣﻴﺚ ﻟﻢ ﻳﺼﻠﺢ ﻟﻠﺮﺩ، ﻭاﻟﺸﺘﻢ ﻭﻳﺼﻠﺢ ﻟﻠﺠﻮاﺏ ﻓﻘﻂ ﻭﻗﺪﻣﻨﺎ ﺃﻥ اﻟﺼﺎﻟﺢ ﻟﻠﺠﻮاﺏ ﻓﻘﻂ ﺛﻼﺛﺔ ﺃﻟﻔﺎﻅ ﻟﻴﺲ ﻫﺬا ﻣﻨﻬﺎ ﻓﻠﺬا ﺷﺮﻁ اﻟﻨﻴﺔ ﻟﻹﺷﺎﺭﺓ ﺇﻟﻰ ﺃﻥ ﺩﻻﻟﺔ اﻟﺤﺎﻝ ﻫﻨﺎ ﻻ ﺗﻜﻔﻲ ﻭﺃﺷﺎﺭ ﺑﻘﻮﻟﻪ: ﺗﻄﻠﻖ ﺇﻟﻰ ﺃﻥ اﻟﻮاﻗﻊ ﺑﻬﺬﻩ اﻟﻜﻨﺎﻳﺔ ﺭﺟﻌﻲ ﻭﻗﻴﺪﻧﺎ ﺑﻈﻬﻮﺭ اﻟﻨﻜﺎﺡ ﻷﻧﻪ ﻟﻮ ﻗﺎﻝ: ﻣﺎ ﺃﻧﺖ ﻟﻲ ﺑﺰﻭﺟﺔ ﻭﺃﻧﺖ ﻃﺎﻟﻖ ﻻ ﻳﻜﻮﻥ ﺇﻗﺮاﺭا ﺑﺎﻟﻨﻜﺎﺡ ﻟﻘﻴﺎﻡ اﻟﻘﺮﻳﻨﺔ اﻟﻤﺘﻘﺪﻣﺔ ﻋﻠﻰ ﺃﻧﻪ ﻣﺎ ﺃﺭاﺩ ﺑﺎﻟﻄﻼﻕ ﺣﻘﻴﻘﺘﻪ ﻛﻤﺎ ﻓﻲ اﻟﺒﺰاﺯﻳﺔ ﺃﻭﻝ ﻛﺘﺎﺏ اﻟﻨﻜﺎﺡ ﻓﺎﻟﻨﻔﻲ ﻻ ﻳﻘﻊ ﺑﻪ ﺑﺎﻷﻭﻟﻰ.

الفتاوى الهندية (1/375)
أو قال: لم يبق بيني وبينك نكاح، يقع الطلاق إذا نوى

فتاوى قاضيخان (1/468)
لو قال لها: لا نكاح بيني وبينك، أو قال: لم يبق بيني وبينك نكاح أو قال: فسخت نكاحك، يقع الطلاق إذا نوى

فتاوى محمودية (12/559)

فتاوى دار العلوم زكريا (4/133)

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