Back to search
The question

Does the husband’s statement to his wife: "You should always listen to me, and not live with me except in the way I want, and if you do not do that or if you are not happy living with me, then you can leave and I do not need you," constitute a divorce, and what must he do if it is?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A man's statement to his wife: "If you don't do such-and-such, or if you are not happy living with me, then you can leave, and I don't need you" is considered an ambiguous divorce pronouncement (kinayah talāq), by which divorce does not occur unless accompanied by intention. The Hanafis and Hanbalis hold that divorce occurs with an ambiguous pronouncement even with a correlating circumstance, such as uttering it in a state of anger or in response to the wife's question. This view differs from the preponderant opinion, which is that an ambiguous pronouncement does not result in divorce unless there is intention, even in these circumstances, as stated by Sheikh Ibn Uthaymeen. If the husband did not intend divorce, nothing occurs. However, if he did intend it, then divorce occurs if the wife acts contrary to what he desired. If the husband cannot recall his intention, nothing occurs.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
8214
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy