Ruling on Giving Talaq in One’s Heart

Question

Zayd, to himself, in his heart, without moving his tongue, said: “تو نے اپنی بیوی کو طلاق دیدی” (“You have given talaq to your wife”). In reply to this Zayd himself said: “ہاں” (“Yes”), and he even heard this “yes”. Now Bakr says that, merely because the “yes” was heard, talaq has occurred, even though he did not say talaq with his tongue; and Khalid says that talaq will not occur until he says it with his tongue. Which of the two is right?

Answer

Khalid’s statement appears to be correct, because for talaq to take effect intention alone is not sufficient; rather, saying it with the tongue is a condition, and in the case asked about the word talaq was not pronounced; hence talaq will not take effect.

Source: Fatawa Mahmudiyya

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