Saturday | 10 December 2022 | 15 Jamadiul-Awal 1444
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Fatwa Answer

Question ID: 1608 Category: Marriage and Divorce
Marriage Question

A while back, almost 3 years ago, I had an argument with my wife and after the argument we let each other be. I went to another side in the room and was just thinking about what was going on and I Found myself mouthing the words “I divorce you”, randomly numerous times. Again, I was mouthing the words and not actually saying them. I can’t even remember how those words ended up in my mouth. Then one time the words actually came out to the point where I was able to hear them, like a small whisper. At the time, I remember being absolutely certain that I only heard the words once whereafter I immediately stopped. It was just a whisper that only myself was able to hear as I was mouthing these words and I remember stopping immediately because I actually heard the words come out. At that moment, I did some research and found out this counts as one divorce and my wife and I made up immediately and proceeded with our marriage. Now years later, I find myself thinking about this situation and whether I may have said and heard those words more than once. At the time that it happened, I was confident it was only said once, but now I get worried that I may have said it multiple times. I'm not sure if these are whispers from Shaytaan. Please advise. JazakAllah Khair.

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق

Divorce does not happen by thinking of divorce in the heart or by an intention within yourself, unless verbally pronounced.

But in the above case, you have uttered the words “Talaq” many times with a muttering tongue.  And then after that one more time you have said divorce.

So, your wife has been divorced three times, and both of you are now strangers to each other. It is not permissible for both of you to live a life of a married couple according to Shariah rules, without going through the process of “Halalah".

وأما الطلاق والعقاق فلا یقعان بالنیۃ بل لا یدنی التلفظ (الاشیاہ والنظائر:۸۹)

فقط واللہ اعلم واتم