Intention Is Not Taken into Account in Explicit Talaq

Question

(1) Zayd’s mother was reviling Zayd, and he was listening in silence. Meanwhile other people, hearing the voice of Zayd’s mother, came along. Hearing his mother’s words, Zayd was worn out and, addressing the people, said: “You people be witnesses that I am giving talaq to Zaynab” (تم لوگ گواہ رہو کہ میں زینب کو طلاق دے رہا ہوں). Zayd said these words three times. It turned out that Zayd’s wife had nothing to do with this quarrel, and Zayd had no intention of giving talaq. Will a major (mughallaza)

Answer

A sane adult person, in full possession of his senses, utters a sentence which by its very construction is meaningful, not meaningless, and in place (it concerns the wife), not out of place; he utters it because of his mother’s harsh talk, thinking that by it his mother will be calmed and will not speak harshly any more — so how can it be accepted that he had no intention?

Source: Fatawa Mahmudiyya

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