Can you please tell me if my spoken words or utterances of divorce statements to myself

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Ref no: 0191#

Date: Wednesday, June 01, 2011

Category

Divorce

Title

Can you please tell me if my spoken words or utterances of divorce statements to myself

Question

In couple of your fatwas on divorce you said that usually repeating statements of divorce to yourself (without intending divorce) will not cause divorce. Can you please clarify this? I am suffering from a lot of divorce thoughts lately and due to these thoughts I find myself repeating divorce statements outloud to myself while driving or even taking a shower when i am alone. All this is talking to myself only with no intention to issue or execute any divorce.

Can you please tell me if my spoken words or utterances of divorce statements to myself due to repetitions of divorce statements in my mind are going to cause or effect any real divorce? I do not intend to execute any divorce and this is merely repeating statements to self or talking to myself. Jazzak Allah.

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

It seems from your statements that you are suffering from wasawis (imaginary whispers). Of late, this has become a more frequent phenomenon. It is another ploy from the various machinations of Shaytan to disrupt the tranquility and stability of a believer. To combat this, we recommend that you first make dua to Allah Ta’ala to cure you from such thoughts and thereafter we recommend that you visit a medical professional such as a psychiatrist for medication and cure.

In regards to your question of statements made by you in the past, we cannot issue a direct ruling in regards to the status of your Nikah without knowing the exact words that you stated. However, if you merely uttered the word “Talaq” repeatedly to yourself, in isolation, without the intention of divorcing your wife, the divorce will not take place. (Fatawa Dar al-Uloom Deoband, vol. 9 pg. 199, Dar al-Isha’at) Similarly, if you made a statement such as “Talaq is given” in isolation without the intention of divorcing your wife, the divorce will not take place. (Fatawa Dar al-Uloom Deoband, vol. 9 pg. 198, Dar al-Isha’at) On the contrary, if you made statements like, “my wife is divorced” or she is divorced” or “I give my wife Talaq” etc, the divorce will take place regardless of whether any other person was present or not. (Fatawa Dar al-Uloom Deoband, vol. 9 pg. 42, 53, 89, Dar al-Isha’at) However, this will apply if you stated any of these statements audibly. If you were merely thinking such thoughts in your mind and did not mention the statements audibly, no divorce will take place.

If you are experiencing wasawis, you should make two people your witness regarding your condition and that you do not intend divorcing your wife. If you have to utter a statement of divorce in such a state, the divorce will not be effective. (Fatawa Hindiya, vol. 1 pg. 357, Rashidiya)

رجل قال لامرأته ترا تلاق هاهنا خمسة ألفاظ تلاق وتلاغ وطلاغ وطلاك وتلاك عن الشيخ الإمام الجليل أبي بكر محمد بن الفضل رحمه الله تعالى أنه يقع وإن تعمد وقصد أن لا يقع ولا يصدق قضاء ويصدق ديانة إلا إذا أشهد قبل أن يتلفظ به وقال إن امرأتي تطلب مني الطلاق ولا ينبغي لي أن أطلقها فأتلفظ بها قطعا لقيلها وتلفظ بها وشهدوا بذلك عند الحاكم لا يحكم بالطلاق بينهما (الفتاوى الهندية)

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

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