Does divorce take effect if the word "Taliq" (divorced) is spoken unintentionally? Is it considered a metaphorical divorce that requires intention, or an explicit divorce that occurs regardless of intent?
It appears that the questioner is experiencing obsessive thoughts and should ignore them and not dwell on them, as this is the best remedy for such issues.
Regarding the ruling on uttering "Taliq" without directly attributing it to one's wife, many scholars consider it a metaphorical divorce that does not take effect unless accompanied by intention. This view is not unique to any one scholar, but has been stated by several scholars. On the other hand, some scholars believe that "Taliq" is an explicit divorce, even if not directly attributed or intended.
If someone pronounces this word under the influence of obsessive thoughts, without intending to divorce, then no divorce takes place, as a divorce pronounced due to obsessive thoughts does not count unless it is done with a true and deliberate intention, in a state of calm and certainty.
Additionally, Fiqh al- is a well-regarded book praised by many scholars, and the ruling that "Taliq" without attribution is a metaphorical divorce is a valid scholarly opinion. The questioner may follow this ruling without any issue, if they choose to do so, InshaAllah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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