The ruling on the words “You are not fit to be my wife” and “Now there is no relation between me and you”

Question

In the course of domestic disputes Zayd used several phrases towards his wife Hamida Khatun in which there is a possibility of talaq. For example, Zayd said: “میں تجھے رکھنا نہیں چاہتا” (“I do not want to keep you”), “تو میری بیوی ہونے کے لائق نہیں” (“You are not fit to be my wife”), “تو اپنے میکہ چلی جا” (“Go to your parents’ home”), “اب میرا تیرا کوئی واسطہ نہیں” (“Now there is no relation between me and you”), or “مجھے تم سے کوئی واسطہ نہیں” (“I have no relation with you”).

Answer

In Zayd’s reported sentences there is no mention of an explicit (sarih) talaq; there are indeed words of allusive (kinaya) talaq, but they are such that whether talaq takes effect by them depends on Zayd’s intention (niyya). If Zayd said these words with the intention of talaq, an irrevocable (ba’in)

Source: Fatawa Mahmudiyya

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