Talaq by the words “Consider that I gave it”

Question

Zayd married a second time. One day a quarrel took place with his first wife; at that time Zayd’s brother’s wife was also present there. Zayd said, “I am fed up with you; I will leave you” (میں تجھے چھوڑ دونگا). In reply the wife said, “I too am sick of you.” At this Zayd said, “Go, consider that I have given you talaq” (جا تو یہ سمجھ لے کہ میں نے تجھے طلاق دی).

Answer

If Zayd meant, “Go, consider that I have given you talaq — but what does your considering it amount to? I have not given talaq,” and Zayd swears an oath to this, then Zayd’s word will be accepted and no ruling of talaq will be given; otherwise talaq will be ruled. The circumstantial indication (qarina)

Source: Fatawa Mahmudiyya

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