The Ruling on Talaq Intended Only in the Heart

Question

Zayd is caught up in a sin. He tried hard to give up this sin but did not succeed. Thinking that in this way the sin would be given up, he set this condition in his heart: “If I commit this sin again, then my wife is divorced (talaq).” He settled this in his heart, without specifying whether an irrevocable (ba’in), revocable (raj‘i) or major (mughallaza) talaq. Now Zayd has committed that sin again. Will talaq take effect in this way?

Answer

If he only settled it in his heart and did not say it with his tongue, no talaq has occurred. If he said it with his tongue as well, there will be one revocable (raj‘i) talaq; and then, if he resumed marital relations before three menstrual periods passed, the taking back (ruju‘) has also taken place.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.