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“Whatever you want” in response to a request for divorce

Fatwaa ID: 2160

Question:
If a wife asks her husband for a divorce and he replies “what ever you want”. Does the divorce take place

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

A husband’s response saying “whatever you want” to a request from his wife for divorce is him giving her the authority to make a decision. Thus, if she responded by saying that she is choosing or issuing a divorce to herself or something to that effect, then talaaq would take place. If she does not say anything or she says something otherwise, then talaaq would not take place. This one time choice is available to her for that setting only. It does not extend afterwards. Accordingly, in the enquired situation, the wife’s response will determine whether a talaaq took place or not.

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

08/11/1445 AH – 02/21/2024 CE | AML1-9818

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


النتف في الفتاوى (1/360)
اﺣﺪﻫﺎ اﻥ ﻳﻘﻮﻝ اﻧﺖ ﻃﺎﻟﻖ ﻣﺘﻰ ﺷﺌﺖ اﻭ ﻣﺘﻰ ﻣﺎ ﺷﺌﺖ ﻓﺎﻥ اﻝﻃﻼﻕ ﺑﻴﺪﻫﺎ ﻓﻲ اﻟﻤﺠﻠﺲ ﻭﺑﻌﺪ اﻟﻤﺠﻠﺲ ﻻ ﻳﻘﻊ ﻋﻠﻰ اﻻﻭﻗﺎﺕ ﻭاﻻﺯﻣﻨﺔ ﻓﻜﺄﻧﻪ ﻗﺎﻝ ﻓﻲ اﻱ ﺯﻣﺎﻧ ﺷﺌﺖ اﻭ ﺣﻴﻦ ﺷﺌﺖ ﻓﺎﻥ ﺷﺎءﺕ ﻣﺮﺓ ﻃﻠﻘﺖ ﺛﻢ ﺷﺎءﺕ ﺑﻌﺪ ﺫﻟﻚ ﻟﻢ ﺗﻄﻠﻖ اﻳﻀﺎ ﻭاﻥﻣﺎ ﻫﻮ ﻋﻠﻰ ﺗﻄﻠﻴﻘﻪ ﻭاﺣﺪﺓ
ﻭﻛﺬﻟﻚ ﻟﻮ ﻗﺎﻝ ﻃﻠﻘﻲ ﻧﻔﺴﻪ ﻣﺘﻰ ﺷﺌﺖ
ﻭاﻟﺜﺎﻧﻲ اﻥ ﻳﻘﻮﻝ اﻧﺖ ﻃﺎﻟﻖ ﻣﺘﻰ ﺷﺌﺖ اﻭ اﺫا ﺷﺌﺖ ﻓﺤﻜﻢ ﻫﺬا اﻟﻘﻮﻝ ﻛﺤﻜﻢ اﻻﻭﻝ ﺑﻌﻴﻨﻪ

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