Fatwaa ID: 2027
السّلام عليكم و رحمة الله و بركاته
Is it true that if a husband says to his wife “There is no relationship between the both of us” that that will be considered 3 talaqs and not 1?
And if he says, “if you do such and such, there’s no relationship between us.” And the wife proceeds to do that very thing, once she does it, they’re no longer husband and wife? Or will that be considered 1 talaq?
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
In principle, words that result in divorce are of two types:
1) Sareeh: plain and clear words of divorce; this type constitutes divorce, irrespective of one’s intention.
2) Kinaayah: ambiguous and allusive words which may imply divorce; this type constitutes divorce only if the husband intended divorce.
The statement “there is no relationship between us” is of the second type, i.e., kinaayah. Accordingly, if the husband intends talaaq when uttering the above statement, then one talaaq baain will take place. If he did not intend talaaq, then talaaq will not take place. The same will be applicable to the conditional statement.
We wish to clarify a contradiction in the last line of your question. When a talaaq is issued, a couple are no longer husband and wife. Her ‘iddah starts immediately. If a Talaaq Raj’ee is issued, then the husband may revoke the talaaq within the ‘iddah period. If a Talaaq Baain is issued or occurs, then a new nikaah will have to be contracted should they wish to reconcile. Reconciliation and/revoking is only valid up to three talaaqs.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
06/22/1445 AH – 01/05/2024 CE | AML1-8698
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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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