The Thought of Divorcing One's Wife While Reciting “wa nakhla'u wa natruku” in Witr (with a Fatwa of Mufti Kifayatullah ﵀)

Question

Zayd was leading the witr prayer. When he recited the du'a of qunut and reached “wa nakhla'u wa natruku” (ونخلع ونترك — “and we cast off and forsake”), the thought of talaq came into his heart, although beforehand there was no intention (niyya) at all; indeed, it cannot even be said with complete certainty whether there was an intention at the time of saying it or whether it arose after he had said it. As regards “man yafjuruk” (من يفجرك — “whoever acts wickedly towards You”)

Answer

Answer (1) — Mufti Kifayatullah Answer: talaq does not take effect merely from the thought of talaq coming into the heart, so long as the words of talaq are not uttered with the tongue. (Kifayatullah, may Allah be with him.) Note: the fatwa of the respected Hazrat Mufti, may his shade endure, is submitted herewith.

Source: Fatawa Mahmudiyya

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