Explicit Words Do Not Require Intention

Question

Zayd’s wife somewhat fails to appreciate her husband and pays no heed to what her husband says in household matters; even when serving food and the like she is often insolent and blurts out indecent words. The husband is a very poor man, and there are also two children; because of hardship it often comes to this. On many occasions the husband, fed up with her insolence, out of his ignorance said: “Go away, I am not keeping, I have given you talaq” (تو چلی جا میں نہیں رکھتا تجھے طلاق دیدی).

Answer

Since talaq was given three times, the divorce has become major (mughallaza); now it is not permissible to keep her without halala. Explicit (sarih) words do not require intention (niyya).

Source: Fatawa Mahmudiyya

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