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“I divorce my wife”, will in that case the scholar's wife be divorce too… Because scholar or mufti or person who is answering the question said these words

Fatwa 9778English
Marriage & DivorceDivorce (Talaaq)

Question

1) If a Mufti or scholar who is answering to a question related to talaq, for example a person come to a scholar of mufti or to another person and says that he said these words to her wife ?I divorce my wife?, when a scholar listen to the question and to understand it better or to analyze the words he also read the question loud including these words ?I divorce my wife?. The scholar just speak or read aloud these words to better understand and analyze the question which is a common natural phenomena what ever we want to understand or analyze so this scholar already said ?I divorce my wife?, will in that case the scholar wife will be divorce too? Because scholer or mufti or person who is answering the question said these words 2)If a person thereat his wife by saying this ?In future if you do this again you can think of divorce from me? or ?in future if you do this then I will divorce you ? he just threat and his intention also to threat her wife to stop something, he never ever say any direct word that ?if you do this again you are divorce? but he just threat her wife by saying this ?you can think of 3 divorce ? as ?You can think? use as a warning statement in his own native language, will therating to divorce also count divorce ? even husband never said any direct statement of divorce and he only have intention to use divorce as a threat?

Answer

1. When one informs about divorce or teaches of divorce, divoce does not take place.
2. Divorce (Talaaq) does not take place by promising to divorce. (Fataawa Mahmoodiyah vol.4 pg.129)

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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