Saying “seven times divorced” as an insult

Question

Question: Zayd was on bad terms with his wife. His wife came before him to ask him to eat, and Zayd said to his wife: “ہٹ جا سامنے سے سات طلاقن” (“Get out of my sight, you seven-times divorced woman”). By this word Zayd intended to insult her, not to give talaq. What is the ruling in this case?

Answer

If his wife had not been given talaq before, and now this man himself calls her “طلاقن” (“divorced woman”), then talaq has taken effect on his wife, and by saying “سات طلاقن” (“seven-times divorced”) the major (mughallaza) divorce has taken effect. The intention of insult is not accepted judicially (qada’an)

Source: Fatawa Mahmudiyya

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