Wednesday | 24 April 2024 | 15 Shawaal 1445

Fatwa Answer

Question ID: 652 Category: Dealings and Transactions

Asalam u alaikum

Respected sir/madam
         it is regarding a serious issue of divorce..the husband was in immense anger n fought with his wife...he left the room n went to his parents (wife ws upstairs) n said i m fedup if this ll happen again thn divorce divorce divorce...("agar ye sub aise e chalta raha tou talak talak talak).
 he ws not saying i m giving divorce...neither its his intention..he was jst telling his parents that he is fedup n he ll do that..
kindly explain what ll happen in this case is the divorce done or not...
Please give an explanatory answer...
jazakallah khair... 

الجواب وبالله التوفيق        

When the طلاق(divorce) is made dependent on a condition then as soon as the condition becomes true the طلاق(divorce) takes effect. As per the situation described in the question, the statement of the husband that “if it continues like this then طلاق طلاق طلاق(divorce, divorce, divorce)” this is to make the طلاق(divorce) dependent on the condition, therefore, whenever the action pointed by the husband is occurred by the wife then 3 طلاق(Divorces) will take effect, whether the intention is there or not. Therefore, it is imperative for you that you do not take that action, avoid it, otherwise طلاق(Divorce) will take effect immediately.  

 اذا اضافه الی شرط وقع عقیب الشرط مثل ان یقول لامرأته ان دخلت الدار فانت طالق و ھذا بالاتفاق

(ہدایہ کتاب الطلاق)

واللہاعلم بالصواب