Talaq by the word “haram”

Question

During a quarrel over some household matters, a man, in a state of anger, said to his wife: “تو مجھ پر حرام ہے” (“you are haram for me”), and: “میرے گھر سے نکل جاؤ اپنے باپ کے یہاں چلی جاؤ” (“get out of my house, go to your father’s place”). After this the said wife stayed with her husband for two months, and marital relations continued as before. After two months the said wife, with her husband’s consent, went to her father’s house and told her parents about this quarrel together with the words written above.

Answer

In the case asked about, one talaq has taken effect, and it has taken effect as irrevocable (ba’in). Its ruling is that if both parties agree, the nikah may be contracted again: [ar]وإن كان الحرام في الأصل كناية يقع بها البائن لأنه لما غلب استعماله في الطلاق لم يبق كناية ولذا لم يتوقف على النية أو دلالة الحال[/ar] “Although ‘haram’ is originally an allusive expression (kinaya)

Source: Fatawa Mahmudiyya

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