Thursday | 23 January 2020 | 27 Jamadiul-Awal 1441
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Fatwa Answer

Question ID: 956 Category: Business Dealings
Talaq/Divorce

 

ASA,

Question:

  1. Me and my wife had been having hard time and arguing with each other over last 5 years or so. last time when we had argue i was mad and said to her that do you want divorce from me? should i say those "talak" tree times? and she said no i don't need those words so please don't say it. so instead of those words i said that "your free from me" I don't need you". and at the same time I had the Quran in my hands while i said that, meaning that she can just leave me. Then we called the local Alam and he said we just need to meet in bed that night and it will be fine. which we did at that time.
  2. then we we werer quite for few months and we had argument again cause she took some business cards out of my pocket while i was in shower, so i asked her couple of times that did you take anything out of my wallet first she said no then she said yes i did, then i said to her "Give me those cards/information or you will be talak and this is my first time out of the three" so then she ran and gave it to me.
  3. Yesterday she was crying and i told her to do "Sabar" be patient, and your still living with me. "your not Talak yet" so if i just told her that she is not divorce yet, would that be counted as one of the tree times? even though i did not say it to her in that way, i just told her that she is fine and with me.
  4. What kind of sabac or any other thing out of Quaran that we can read to make this relationship better and work?

 

الجواب وبالله التوفيق 

Fuqaha(i.e. Islamic Scholars specializing in Fiqh) have considered the term “You are free from me” as a Sareeh(i.e. clear) statement to issue Divorce. By saying these words even without an intention to issue divorce, one Talaq-e-Raj‘ai(i.e. a revocable divorce) has taken place. 

In order to take the wife back, any actions such as the husband and wife having a physical relation or expressing affection, or the husband simply saying “I take you back as my wife”, will be sufficient. Moving forward the husband has a chance to issue only 2 divorces.