Ruling on Talaq Expressed in the Future Tense

Question

There was great love between Zayd and his wife. One day they were in privacy and desire had overcome them both. Zayd's wife said: “If I free my hand, will you leave me?” — that is, will you pronounce talaq on me. This was not a way of seeking talaq; she merely wanted to show off her prowess by freeing her hand. Zayd said yes. The wife freed her hand with effort. After this there was intercourse. Did talaq take effect? Since this incident four children have been born.

Answer

No talaq took effect on Zayd's wife. In al-Fatawa al-'Alamgiri (pp. 358–359) it is stated: [ar]فَقَالَ الزَّوْجُ: اطلق طلاق می‌کنم، فَكَرَّرَهُ ثَلَاثًا، طَلُقَتْ ثَلَاثًا، بِخِلَافِ قَوْلِهِ: ساطلق طلاق کنم، لِأَنَّهُ اسْتِقْبَالٌ فَلَمْ يَكُنْ تَحْقِيقًا بِالتَّشْكِيكِ[/ar] “…and the husband said: ‘I divorce, I divorce’ (said in Persian)

Source: Fatawa Mahmudiyya

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